Sarah G. v. State, Department of Health & Social Services, 264 P.3d 831

Four children (Wes, Marco, Dustin, Skyla) are Indian children under ICWA; biological mother Sarah has a history of abusive relationships with partners Wilson and Frank.
OCS previously removed children in 2006 due to ongoing physical assaults, resulting in temporary custody and later a 2007 CINA finding under AS 47.10.011(8) and (9).
In 2009 the children were returned to Sarah; she divorced Wilson and obtained a restraining order; she began a relationship with Frank.
February 2010 reports of harm and a violent incident involving Frank led OCS to seek emergency temporary custody; the children reported abuse and physical discipline at home.
OCS placed the children in foster/therapeutic settings; Marco and Wes faced behavioral and substance issues, Skyla required hospital/therapeutic care, and Dustin had significant mental-health needs.
Superior Court adjudicated all four children as in need of aid under AS 47.10.011(8), (10), and (11); Wes and Marco also under (4) and (6); Sarah appeals.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether CINA exists under AS 47.10.011(8)(B)(ii) due to continued tendency and risk of mental injury	Sarah contends no continued tendency and no substantial risk.	State argues evidence shows ongoing pattern of abusive relationships and that domestic violence risks mental injury.	Affirmed; evidence supports continued tendency and substantial risk to children.
Whether the court erred by relying on journal entries to support AS 47.10.011(10);	Sarah challenges reliance on entries she alleges are misclassified letters about mental illness.	Court may rely on totality of evidence; the (8) finding suffices and mootness of (10) is not dispositive.	Not necessary to decide on (10); substantial evidence supports (8); concerns about exhibits noted.

Danielle A. v. State, Dep't of Health & Soc. Servs., Office of Children's Servs., 215 P.3d 349 (Alaska 2009) (cINA review; consideration of past conduct permissible)
A.H. v. State, Dep't of Health & Servs., 10 P.3d 1156, 10 P.3d 1156 (Alaska 2000) (domestic violence witnessing harms children; reliance in CINA)
Winston J. v. State, Dep't of Health & Soc. Servs., Office of Children's Servs., 134 P.3d 343 (Alaska 2006) (substantial risk of mental injury from domestic violence)
In re J.A., 962 P.2d 173 (Alaska 1998) (domestic violence court considerations in CINA)
Jon S. v. State, Dep't of Health & Soc. Servs., Office of Children’s Servs., 212 P.3d 756 (Alaska 2009) (precedent on reviewing CINA findings)