Tuluksak Native Community v. State of Alaska, Dhss, Ocs

Summary

The Alaska Supreme Court affirmed the order authorizing OCS to place an Alaska Native child in an out-of-state secure residential psychiatric treatment facility under AS 47.10.087. It held that the statute applied despite the child's initially voluntary admission, that the hearing could rely on certain hearsay and testimony from a qualified mental health professional, and that clear and convincing evidence supported the statutory findings. The court held that ICWA placement preferences applied but that the superior court's failure to address them was not plain error because the record did not show obvious prejudice. The Tribe's equal-protection challenge was waived, and it lacked standing to assert the child's due-process claims.