Demetria H. v. State, Dept. of Health & Social Services, Office of Children's Services, 433 P.3d 1064

Background

Demetria H., a member of an Indian tribe, had her parental rights to her son Dion (an Indian child) terminated after OCS filed a termination petition following multiple removals and reunifications due to neglect and parental substance abuse.
Dion (age 7) was previously in foster care, returned to Demetria in 2015 after she obtained housing, then removed again in October 2015 after incidents involving Demetria and her older daughter Dasia (overdose, threats, aggressive conduct).
OCS developed multiple case plans over several years, offering referrals for housing, substance abuse and mental health assessments, parenting classes, visitation, and other services; Demetria often failed to follow through.
Dion was diagnosed with PTSD and disinhibited social engagement disorder (DSED); therapists testified these conditions were linked to instability, neglect, and frequent caregiver changes.
At a three-day termination trial OCS presented testimony (including ICWA expert Philip Kaufman) and other witnesses; the superior court found by clear and convincing evidence that Dion was a child in need of aid (neglect, parental substance abuse), that OCS made active efforts, and beyond a reasonable doubt (with expert testimony) that continued custody by Demetria was likely to result in serious emotional or physical damage; parental rights were terminated.

Issues

Issue	Plaintiff's Argument (Demetria)	Defendant's Argument (State/OCS)	Held
Whether OCS made "active efforts" under ICWA	OCS failed to meaningfully engage tribe, address housing, or allow participation in Dion's therapy; efforts were passive	OCS provided repeated referrals, case plans, housing assistance, therapy referrals, and worked with tribe notification; Demetria repeatedly refused services	Court: OCS made active efforts; no ICWA violation
Whether continued custody by Demetria was likely to cause serious emotional or physical damage (ICWA §1912(f) standard)	No causal link between Demetria’s conduct and Dion’s conditions; removals reflect poverty/homelessness not neglect	Evidence linked Dion’s DSED/PTSD to neglect, frequent caregiver changes, and parental substance abuse; aggregated expert and lay testimony supported risk	Court: Evidence beyond a reasonable doubt supported the finding of likely serious harm
Whether the ICWA expert was qualified	Kaufman lacked tribe-specific familiarity and had not met family; thus he was not a qualified expert under ICWA	Kaufman had relevant training, experience in child welfare, reviewed records; Yakutat Tlingit representative accepted him	Court: Trial court did not abuse discretion—Kaufman was admissible and tribe’s acceptance supported qualification
Whether termination decision complied with ICWA/regulations	New BIA regulations require more partnership and cultural specificity; OCS's compliance is insufficient	OCS complied with notice, made targeted active efforts, and courts may aggregate expert and lay evidence	Court: Termination order complied with ICWA and applicable regulations

Key Cases Cited

Pravat P. v. State, Dep’t of Health & Social Servs., Office of Children’s Servs., 249 P.3d 264 (Alaska 2011) (standards for review and prior active-efforts analysis)
Thea G. v. State, Dep’t of Health & Social Servs., Office of Children’s Servs., 291 P.3d 957 (Alaska 2013) (ICWA expert testimony may be aggregated with other evidence)
Denny M. v. State, Dep’t of Health & Social Servs., Office of Children’s Servs., 365 P.3d 345 (Alaska 2016) (active efforts is mixed question; scope of review)
Bob S. v. State, Dep’t of Health & Social Servs., Office of Children’s Servs., 400 P.3d 99 (Alaska 2017) (ICWA expert and evaluation of parental participation in services)
Sylvia L. v. State, Dep’t of Health & Social Servs., Office of Children’s Servs., 343 P.3d 425 (Alaska 2015) (statutory burden for termination under ICWA)
A.M. v. State, 891 P.2d 815 (Alaska 1995) (scope of State’s duty to make active remedial efforts)