Alden H. v. State, Office of Children's Services

108 P.3d 224, 2005 Alas. LEXIS 23, 2005 WL 503642
CourtAlaska Supreme Court
DecidedMarch 4, 2005
DocketS-11450
StatusPublished
Cited by12 cases

This text of 108 P.3d 224 (Alden H. v. State, Office of Children's Services) is published on Counsel Stack Legal Research, covering Alaska Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Alden H. v. State, Office of Children's Services, 108 P.3d 224, 2005 Alas. LEXIS 23, 2005 WL 503642 (Ala. 2005).

Opinion

OPINION

CARPENETI, Justice.

I. INTRODUCTION

Alden H. is the father of two severely troubled boys, Alden, Jr. and Neil. 1 In 2000 Alden voluntarily relinquished his parental rights. 2 He is now attempting to withdraw his relinquishment and re-enter his sons’ lives. Alden moved before the superior court for a hearing to review his relinquishment and for an order to enforce a provision of the relinquishment purporting to grant him visitation rights. The superior court denied both motions and Alden appeals. Finding no error, we affirm.

II. FACTS AND PROCEEDINGS

A. Facts

Alden H. is the father of Alden H., Jr. and Neil H. The boys’ mother is Sara B. She is not a party to this action. Alden and Sara lived together in Anchorage with Alden Jr., Neil, and Sara’s two older children by a different father, Zander and Nancy. The Alaska Department of Health and Social Services 3 had received reports of substance abuse, neglect, and domestic violence but had lost track of the family because of frequent moves. On June 4, 1998 the Anchorage Police Department responded to a report that a child had been left unattended in a stroller all day. The police discovered Neil in a stroller in the driveway of the family’s home, and found Sara inside, asleep, and smelling of alcohol.

After this incident, the family fled to a Fairbanks campground. On June 11, 1998 Zander ran to the police recounting a variety of abuses — including being forced to drink alcohol and ingest hallugenic mushrooms, and physical abuse by Alden. At the time, Zander was reportedly filthy and suffering from bronchitis. All four children were taken into state custody. Like Zander, the others were “filthy, with dirt in their hair, ears, eyes, mouth and genital areas.” Neil was diagnosed with conjunctivitis. Nancy later reported that Alden had sexually abused her. Zander added that Alden had threatened to kill Zander and Nancy if Nancy ever reported the abuse.

The department developed a family reunification plan for Alden and Sara. The plan required both parents to work toward permanent sobriety, receive counseling for anger management, and attend parenting classes. Neither parent complied. In 1999 Alden spent ninety days in jail on a domestic violence charge. After his release, he was arrested on federal drug charges related to the manufacture of methamphetamines. He was later convicted and sentenced to seventy months in prison.

In June 2000 the department placed the boys with Alden’s mother, Meg H. The department commenced proceedings to termi *227 nate the parental rights of Alden and Sara in August 2000. On December 27, 2000, prior to trial, Alden executed a voluntary relinquishment of his parental rights from federal prison in California. The relinquishment specified that Alden retained the right to contact his children subject to the discretion of the adoptive parents. The relinquishment also stated that the children would be placed for adoption with Meg, and that if Meg ever became unable to care for the boys for any reason, the department would contact Alden, and give him an opportunity to request the withdrawal of his relinquishment subject to the approval of the department. Sara’s parental rights were involuntarily terminated on January 22, 2001.

The boys were removed from Meg’s home in October 2001 following reports of abuse. The children were subsequently separated and placed in therapeutic foster care. Both suffer from severe emotional and behavioral problems; each has been through several foster homes. According to therapists who have treated Alden Jr. and Neil, “[v]ery skilled therapeutic foster parents with additional case manager and activity therapy support are, at times, taxed to their limit [in] maintaining the boys adequately.” These therapists believe that an appropriate care giver would need “stellar therapeutic parenting skills, saintly patience, and an extensive working knowledge of developmental issues of emotionally disturbed children.”

Alden was transferred from prison to a halfway house in Spokane, Washington in February 2002. While incarcerated, he stopped drinking and taking drugs. He reportedly remains sober. Alden was released from federal custody in August 2002. As of May 2003, he planned to marry a woman he had met at the halfway house. His fiancée has four children — including a twenty-year-old daughter with a young child. He currently works as an independent contractor in the Spokane area. Alden learned that the boys had been removed from Meg’s home in April 2002 and promptly requested the withdrawal of his relinquishment.

B. Proceedings

Alden moved for a hearing to review the order terminating his parental rights on January 5, 2004. He claimed that the relinquishment had been conditioned on the permanent placement of his boys with Meg and that the relinquishment should be withdrawn because that placement had failed. He also argued that he had a right to withdraw his relinquishment pursuant to Rita T. v. State 4 because he had overcome his substance abuse problems and was gainfully employed. On January 12, 2004 he added a motion to enforce visitation rights he claimed were contained within the relinquishment agreement. The department opposed both motions.

Alden’s motions were reviewed by William C. Hitchcock, Standing Master of Anchorage Children’s Court. Neither party requested oral arguments or an evidentiary hearing before Master Hitchcock. Briefing was completed on February 25, 2004 and Master Hitchcock issued his recommendation shortly thereafter. The master recommended denying both of Alden’s motions. He found that the relinquishment agreement was not conditioned on the successful placement of the boys with Meg, that Alden had failed to show good cause for a Rita T. hearing, and that the department soundly exercised its discretion by refusing to allow Alden to have contact with his children. Alden objected to Master Hitchcock’s recommendations and asked for a hearing de novo before the superior court. On March 30, 2004, Superior Court Judge Peter A. Michalski adopted Master Hitchcock’s recommendations as the order of the court without alterations and without specifically ruling on Alden’s demand for a hearing. Alden appeals from this decision.

III. STANDARD OF REVIEW

Ordinarily, we review the validity of a relinquishment de novo. 5 However, this issue was raised for the first time on appeal. “Issues not raised in the trial court shall not be considered on appeal, except for plain error. Plain error exists ‘where an obvious *228 mistake has been made which creates a high likelihood that injustice has resulted.’ ” 6 We review the superior court’s decision to enforce the relinquishment for plain error.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Lara S. v. State, Department of Health & Social Services
209 P.3d 120 (Alaska Supreme Court, 2009)
In Re the Adoption of S.K.L.H.
204 P.3d 320 (Alaska Supreme Court, 2009)
Jurgens v. City of North Pole
153 P.3d 321 (Alaska Supreme Court, 2007)
In Re Estate of Blodgett
147 P.3d 702 (Alaska Supreme Court, 2006)
Enders v. Parker
125 P.3d 1027 (Alaska Supreme Court, 2005)
Alyssa B. v. State, Dhss
123 P.3d 646 (Alaska Supreme Court, 2005)

Cite This Page — Counsel Stack

Bluebook (online)
108 P.3d 224, 2005 Alas. LEXIS 23, 2005 WL 503642, Counsel Stack Legal Research, https://law.counselstack.com/opinion/alden-h-v-state-office-of-childrens-services-alaska-2005.