Laura J. O'Brien v. Francis X. Delaplain, Kassandra Spencer, Kenneth M. O'Brien, Willis A. Ehlers, and the Central…

Summary

The Alaska Supreme Court affirmed an order granting the children's uncle and aunt legal and physical custody after finding that returning the children to their mother would cause clear detriment and was contrary to their best interests. The court upheld the superior court's application of the third-party custody framework, its in-camera interviews and factual findings, and its determinations under the Indian Child Welfare Act regarding foster-care placement, expert testimony, serious emotional damage, and active efforts. It also rejected challenges to the custody and visitation orders because the superior court acted within its discretion.