Sylvia v. State, Department of Health & Social Services, Office of Children's Services
343 P.3d 425
| Alaska | 2015Background
- Mother Sylvia appeals termination of parental rights to Daniel, Laura, and Julie.
- OCS had long involvement beginning in 2002 with concerns about Sylvia’s mental illness and substance abuse.
- Julie is an Indian child; ICWA applied.
- Petition sought termination on grounds including abandonment, substance abuse, and mental illness; later amended to include mental illness.
- Trial court found three CINA grounds: AS 47.10.011(1), (10), and (11); and terminated parental rights.
- OCS was required to show reasonable or active reunification efforts; court considered expert testimony from Pickles and Muhr.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether a mental illness ground was properly considered given petition amendments | Sylvia | OCS expanded grounds; not challenged on appeal | Harmless error; alternative grounds supported CINA finding |
| Whether OCS made reasonable efforts to reunify or active efforts for Julie | Sylvia | OCS provided referrals, transportation, visits, and case plans | OCS made reasonable/active efforts as required |
| Whether admission of Pickles and Muhr as experts was proper | Sylvia | Notice and cross-examination adequate; bias goes to weight | Not an abuse of discretion; testimony admissible under standards |
Key Cases Cited
- Emma D. v. State, Dep’t of Health & Soc. Servs., Office of Children’s Servs., 322 P.3d 842 (Alaska 2014) (affirms standards for CINA findings and reunification analysis)
- Chloe O. v. State, Dep’t of Health & Soc. Servs., Office of Children’s Servs., 309 P.3d 850 (Alaska 2013) (addresses ICWA and reasonable/active efforts)
- L.G. v. State, Dep’t of Health & Soc. Servs., 14 P.3d 946 (Alaska 2000) (discusses standard of review for OCS reunification efforts)
- Audrey H. v. State, Office of Children’s Servs., 188 P.3d 668 (Alaska 2008) (notes when to consider interactions and reasonableness of services)
- D.M. v. State, Div. of Family & Youth Servs., 995 P.2d 205 (Alaska 2000) (addressed expert notice and admissibility in CINA)