Ralph H. v. State, Dept. of Health
246 P.3d 916
Alaska2011Background
- OCS first became involved in 1992 due to chronic neglect and physical abuse in Ralph and Nell's family.
- Ava, Bella, Daria, Emma, Rex, and Faith were placed in foster care after an incident where Ralph assaulted Ava.
- Rex, the couple’s only son at the time, was placed in foster care with Rex visiting arrangements coordinated by OCS.
- The family moved several times (Homer, Seward, Mat-Su Valley) which made consistent visitation impractical; OCS provided travel support.
- OCS petitioned to terminate Ralph’s and Nell’s parental rights to Rex; the superior court terminated Ralph’s rights after finding Rex a child in need of aid and reasonable reunification efforts.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Rex was a child in need of aid (CINA) under AS 47.10.011. | Ralph/Nell argued no CINA finding. | OCS supported CINA via abandonment, physical/mental harm, neglect, and mental illness. | Yes; Rex found CINA under multiple subsections. |
| Whether Ralph failed to remedy the conduct placing Rex at substantial risk. | Ralph complied with treatment to a meaningful extent. | Remedying conduct not proven; ongoing risks remained. | Not clearly erroneous; Ralph did not remedy the conduct. |
| Whether OCS made reasonable efforts to reunify. | OCS failed to adequately assist reunification. | OCS provided extensive services and referrals, and offered travel support. | OCS made reasonable efforts. |
| Whether termination violated Ralph’s due process rights. | Termination without adequate justification. | State's interest in protecting child welfare outweighed parental rights. | No due process violation given proper findings. |
Key Cases Cited
- Barbara P. v. State, Dep't of Health & Social Servs., Office of Children's Servs., 234 P.3d 1245 (Alaska 2010) (remedying the harmful conduct is a factual determination reviewed for clear error)
- Frank E. v. State, Dep't of Health & Soc. Servs., Div. of Family & Youth Servs., 77 P.3d 715 (Alaska 2003) (standard of review for termination findings; clear error avoidance)
- V.S.B. v. State, Dept. of Health & Social Servs., Div. of Family & Youth Servs., 45 P.3d 1198 (Alaska 2002) (support for evaluating reasonable efforts and treatment referrals)