Hannah B. v. State, Department of Health & Social Services
2012 Alas. LEXIS 166
| Alaska | 2012Background
- Hannah, mother of Jacob, has a long history of substance abuse and previously relinquished rights to Jordanne in 2008.
- Jacob has been in the care of his maternal grandmother Carla since removal by OCS in July 2009.
- Hannah completed the RSAT program while incarcerated and began compliant treatment shortly before the termination trial.
- OCS moved to terminate parental rights in February 2011 after pursuing a permanency goal of adoption.
- The superior court found clear and convincing evidence of Jacob being a child in need of aid and terminated Hannah's rights.
- Hannah unsuccessfully moved to continue or strike the petition; she challenged the best interests ruling and guardianship option on appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the continuance denial was an abuse of discretion | Hannah argues a short continuance would allow sobriety progress. | State contends a brief delay would not change outcome and harms Jacob's need for permanency. | No abuse; denial not reversible error. |
| Whether termination was in Jacob's best interests | Hannah asserts bond with Carla and progress in treatment favor reunification. | State and court emphasize permanency needs and primary bond with Carla, despite some progress. | Termination was not clearly erroneous; in Jacob's best interests. |
| Whether guardianship as an alternative was properly considered | Hannah contends guardianship should have been considered as a less drastic option. | State did not raise guardianship; guardianship analysis was not required sua sponte. | Waived; guardianship not required to be considered. |
Key Cases Cited
- Dashiell R. v. State, Dep't of Health & Soc. Servs., Office of Children's Servs., 222 P.3d 841 (Alaska 2009) (best interests may include permanency and caregiver bonds)
- J.H. v. State, Dep't of Health & Soc. Servs., 30 P.3d 79 (Alaska 2001) (need for permanence and stability supports termination in some cases)
- Ben M. v. State, Dep't of Health & Soc. Servs., Office of Children's Servs., 204 P.3d 1013 (Alaska 2009) (addressing continuance and timing in CINA proceedings)
- Christina J. v. State, Dep't of Health & Servs., Office of Children's Servs., 254 P.3d 1095 (Alaska 2011) (consideration of best interests and statutory factors in termination)