Tracy v. State, Department of Health & Social Services, Office of Children Services
279 P.3d 613
Alaska2012Background
- Tracys, grandparents and adoptive parents of Annie, challenge CINA proceedings and OCS-related actions.
- OCS removed Annie in Sept. 2007; initial interviews led to Annie's removal and custody transfer.
- OCS conducted eight-month investigation; Richard faced no visitation; Durena had supervised visits.
- Dr. Rose found no credible evidence of sexual abuse by Richard and criticized OCS's approach.
- Annie was reunified with the Tracys in June 2008 and later adopted; Tracys incurred fees and time losses.
- Tracys filed suit in Sept. 2009 asserting state-law negligence and civil-rights claims, naming only OCS as defendant.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether OCS owed a duty of care to the Tracys. | Tracys contend status as grandparents/foster parents creates duty. | OCS owed no actionable duty under existing Alaska law. | No actionable duty; affirmed dismissal. |
| Whether the § 1983 claim against OCS was viable. | Tracys asserted constitutional rights violations by State/OCS. | OCS is not a 'person' under § 1983; mislabeling defendants; no amendment guidance given. | Correctly dismissed; even if added, individuals in official capacity immune; no abuse of discretion. |
| Whether the attorney's-fees award against the Tracys was proper. | Fees should be recoverable for non-constitutional claims; fault not shown as bad faith. | Rule 82/§1988 allow fees against unsuccessful claim; fees appropriate. | Vacated; remanded for possible fee determination on non-constitutional claims. |
Key Cases Cited
- Karen L. v. State, Dept. of Health & Soc. Servs., Div. of Family & Youth Servs., 953 P.2d 871 (Alaska 1998) (no actionable duty owed to parents/grandparents in CINA; resources concern)
- McGrew v. State, Dep't of Health & Soc. Servs., Div. of Family & Youth Servs., 106 P.3d 319 (Alaska 2005) (reiterates lack of duty to mother in CINA context)
- DeNardo v. Johnston, 772 F.Supp. 462 (D. Alaska 1991) (cautions pro se plaintiffs on attorney's-fees awards in §1983 cases)
- Will v. Michigan Dep't of State Police, 491 U.S. 58 (U.S. 1989) (state officers not 'persons' under § 1983; official-capacity actions)
- Ware v. Ware, 161 P.3d 1188 (Alaska 2007) (cites related defenses and procedural principles)