State of Alaska, Dhss, Ocs v. C.a. (mother) and B.r. (father), State of Alaska, Dhss, Ocs v. L.s. (mother) and M.d…

Summary

The court affirmed the denial of the termination petitions because the superior court reasonably determined that cultural expert testimony was needed to evaluate whether continued parental custody was likely to cause serious damage, and because the testimony presented was too vague and generalized to assist that evaluation. The court clarified that cultural expert testimony is not mandatory in every case, but that the exception is very limited and the agency bears the burden of showing that cultural knowledge is plainly irrelevant. It also held that a cultural expert need not independently testify about causation when another qualified expert addresses the causal relationship between parental conduct and serious harm.