Anton K. v. State of Alaska, Department of Family & Community Services, Office of Children's Services

Summary

The Alaska Supreme Court affirmed termination of an incarcerated father's parental rights, holding that the Office of Children's Services made active efforts to prevent the breakup of his family under the Indian Child Welfare Act. Although visitation efforts during incarceration were significantly deficient and rehabilitative efforts were passive in some respects, the agency's efforts viewed in their entirety—including reunification efforts directed toward the mother and efforts to place the children with extended family—satisfied the active-efforts requirement. The court held that the circumstances and duration of incarceration may affect what remedial efforts are possible but do not eliminate the agency's duty. No separate opinions were filed.