Taryn M. v. State of Alaska, Department of Family & Community Services, Office of Children's Services

Summary

The court affirmed the denial of Taryn M.'s request to have an Indian child placed with her. It held that when the suitability of an ICWA-preferred placement is disputed, OCS must prove the proposed caretaker's unsuitability by clear and convincing evidence, although the superior court incorrectly placed the burden on Taryn. The error was harmless because the record clearly and convincingly showed that Taryn was unwilling to follow the child's medical treatment requirements.