Paula E. v. State, Department of Health & Social Services, Office of Children's Services
2012 Alas. LEXIS 68
Alaska2012Background
- Four Indian children (Eddie, Tawny, Callie, David) were removed from Maddie due to parental substance abuse and domestic violence.
- Children were placed with their maternal grandmother Paula; tribe criticized placement and OCS later moved them to a non-Native foster family (Dubovs) while Paula was in Montana.
- Paula returned to Alaska; OCS denied renewal of her foster license and did not reapply for guardianship; Paula formally sought placement in Sept 2010.
- OCS failed to provide advance notice of several permanency/placement hearings; a master found good cause to deviate from ICWA placement preferences and the children were adopted by the Dubovs in Jan 2011.
- Paula argues lack of notice violated due process; the court held any prejudice was cured by a later hearing in which Paula participated; the superior court’s deviation finding was not clearly erroneous.
- Dissent would hold that lack of notice was prejudicial and warrant remand or reversal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Notice violation of permanency hearings | Paula deprived of notice | OCS complied with duties or cure occurred | Not prejudicial; cure by later hearing sufficed |
| Good cause to deviate from ICWA | There was no good reason to deviate | OCS proven factors supported deviation | Not plain error; sufficient evidence of good cause |
| Prejudice from lack of notice | Notice failure harmed Paula | Any harm cured by later hearing | Prejudice not shown; cured by later proceedings |
| Admission of evidence not admitted below | Unadmitted documents relied on | Only admitted evidence considered | Unadmitted exhibits given no weight |
Key Cases Cited
- D.M. v. State, Div. of Family & Youth Servs., 995 P.2d 205 (Alaska 2000) (due process concerns; notice and opportunities to be heard)
- Jacob v. State, Dep't of Health & Soc. Servs., Office of Children's Servs., 177 P.3d 1181 (Alaska 2008) (grandparent notice rights in CINA; later related decisions)
- Jacob v. State, Dep't of Health & Soc. Servs., Office of Children's Servs. (Jacob II), 214 P.3d 353 (Alaska 2009) (notice and prejudice analysis in placement decisions)
- Adoption of N.P.S., 868 P.2d 934 (Alaska 1994) (best interests; ICWA placement considerations)