Blythe P. v. State of Alaska, Dhss, Ocs

Summary

The Alaska Supreme Court held that a party challenging OCS’s proposed transfer of a child between out-of-home placements need prove only by clear and convincing evidence that the transfer would be contrary to the child’s best interests. That standard applies even when the proposed placement has higher statutory priority or the existing placement has licensing deficiencies, and the court overruled the contrary portion of its prior decision. The court also held that the superior court misclassified the proposed placement but that the classification error was harmless, and that it adequately considered the child’s sibling relationships. The court reversed the superior court’s decision.