Bob S. v. State, Department of Health & Social Services, Office of Children's Services

400 P.3d 99, 2017 WL 3202761, 2017 Alas. LEXIS 89
CourtAlaska Supreme Court
DecidedJuly 28, 2017
Docket7186 S-16504
StatusPublished
Cited by30 cases

This text of 400 P.3d 99 (Bob S. v. State, Department of Health & Social Services, 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
Bob S. v. State, Department of Health & Social Services, Office of Children's Services, 400 P.3d 99, 2017 WL 3202761, 2017 Alas. LEXIS 89 (Ala. 2017).

Opinion

OPINION

BOLGER, Justice.

I. INTRODUCTION

A father appeals the superior court’s order terminating his parental rights- to a daughter with sexualized and aggressive behavior, arguing that he substantially remedied his pri- or misconduct by completing outpatient treatment programs and that the Office of Children’s Services (OCS) violated its obligation to provide active efforts to reunify the family by discontinuing his visitation after his daughter returned from an out-of-state treatment program. But the superior court reasonably concluded that the visitation was not in the child’s best interest, that the father had failed to comply with substance abuse *102 testing and delayed a critical sex offender risk assessment, and that it would cause serious emotional damage to return the child to his home. We therefore affirm the court’s order terminating his parental rights.

II. FACTS AND PROCEEDINGS

A. Background

Bob S. is the father of Tonya, now ten. 1 Tonya is an Indian child as defined by the Indian Child Welfare Act (IOWA) based on her mother’s affiliation with the Native Village of Selawik. 2

Tonya was exposed to domestic violence at a very early age. She lived with her parents and her mother’s two young sons, and the parents’ relationship was abusive. In 2009 Bob ended the relationship and moved into his own housing after serving time for domestic violence against the mother. The following year, three-year-old Tonya moved in with Bob because her mother could no longer care for her.

Bob enrolled Tonya in preschool in 2011. Her behavioral issues appeared quickly. Tonya was hypersexualized and physically violent; she was also defiant, and she made a teacher’s aide cry. She was kicked out of preschool and moved to another program. She was referred to services and given daily school monitoring and weekly counseling. But her sexualized and aggressive behavior continued.

Tonya later disclosed that her brothers had molested her when she lived with her mother. Tonya’s sexual reactivity was further exacerbated by living with her father. Their apartment had only one room, and Bob had sexual relations with others in front of Tonya. Bob maintained that he thought Tonya was asleep, but he later took responsibility and apologized when Tonya brought the issue up repeatedly during family therapy sessions.

B. Initial OCS Involvement And Treatment

In September 2012 OCS investigated a report of harm based on Tonya’s sexualized behavior at school. OCS’s involvement quickly escalated. In January 2013 OCS took custody of Tonya after Bob left her with a neighbor and disappeared. He later admitted that he had used crack cocaine that evening and had continued to use until he resurfaced in April 2013, OCS placed Tonya at a residential treatment center in Oregon because in-state providers could not treat her extreme behaviorial issues.

Tonya stayed at the center from March 2013 to December 2014. Both Tonya and eventually Bob made progress in their treatment during this period. Tonya worked with therapist Kiva Michels to address her rudeness, defiance, “poor boundaries,” sexualized behavior, and reactivity to child abuse trauma. She was eventually able to demonstrate long periods of time with no sexualized behavior and no aggression.

Bob completed the Father’s Journey parenting course and intensive outpatient substance abuse treatment. He also completed urinalysis tests (UAs), moved into a two-bedroom apartment, and sought support from his Father’s Journey case manager outside of class. After he relapsed on cocaine partway through his treatment program, Bob completed an additional therapy program as requested by OCS. He attended weekly family therapy sessions via Skype, flew to Oregon for quarterly visits, and spoke with Tonya on the phone.

During the family sessions, Tonya was able to openly discuss her father’s behaviors that made her angry or anxious, and Bob was able to openly discuss his treatment progress and relapse. After observing them and establishing from Tonya that Bob had never sexually touched her, Michels allowed unsupervised visits and overnights at the center. But Michels was concerned about Bob’s ability to supervise Tonya outside of a controlled environment. In August 2014 Michels brought *103 Tonya to Anchorage to visit Bob and noted several instances where Bob missed a supervision issue. Tonya was triggered into sexual-ized posturing by being around some of the other neighborhood children, and twice Tonya and the other children were alone in her room with the door shut.

Tonya also had difficulty trusting Bob. Tonya had frightening memories from when her parents were together, and she seemed to worry that Bob’s behavioral changes were not permanent or that he might abandon her again if he found a girlfriend. OCS also became concerned that Bob had started a relationship with a woman with, extreme anger issues and alcoholism who posed a high risk to children. OCS warned Bob against having unsafe people in his home, but Bob continued to contact her. 3

C. Return To Alaska

Tonya returned to Alaska in December 2014. OCS placed her with a therapeutic foster parent and granted Bob unsupervised visitation twice a week and on four holidays. The transition went poorly.

Tonya’s behavior quickly escalated, and she made alarming statements about the visits. She engaged in sexual and aggressive behavior around other children and teachers, such as inappropriate touching, grinding, and sexual remarks. She “pretend[ed] to ... pimp[ ] out her friends,” and she was assaul-tive on the school bus. Tonya made excuses not to visit Bob and disclosed that Bob left her in her room with another child unsupervised, that “things needed to be secret and kept in the family,” that Bob had people at the house who were not supposed to be there, and that Bob was having parties.

In late January Tonya began to see Trade Weeks for weekly cognitive behaviorial therapy. Weeks also supervised two family therapy sessions with Bob and Tonya before reporting that the family sessions weren’t going well and recommending that OCS ter-mínate Bob’s visitation. Bob’s final unsupervised visit was in February. OCS supervised two more visits and then cut off all contact based on Weeks’s recommendation and other concerns. Based on Tonya’s disclosures, OCS substantiated sexual abuse centered around Bob exposing her to pornography.

OCS considered returning Tonya to the Oregon treatment center, but her behavior improved and she stayed in Alaska, Tonya’s behaviorial issues escalated later when the FBI began meeting with her as part of an investigation into possible human trafficking by Bob, but ceased after the investigation ended. 4 By summer Tonya was able to attend a normal summer camp without supervision.

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

Related

Clark J. v. State of Alaska, DHSS, OCS
Alaska Supreme Court, 2024
In re: N.D.M.
Court of Appeals of North Carolina, 2023
Angelica C. v. Jonathan C.
519 P.3d 334 (Alaska Supreme Court, 2022)
Jerome S. v. State of Alaska, DHSS, OCS
Alaska Supreme Court, 2022
Gina T. v. State of Alaska, DHSS, OCS
Alaska Supreme Court, 2022
In re Dependency of A.L.K., L.R.C.K.-S., D.B.C.K.-S.
478 P.3d 63 (Washington Supreme Court, 2020)
Julio A. v. State of Alaska, DHSS, OCS
Alaska Supreme Court, 2020
In the Matter of April S., a Minor
467 P.3d 1091 (Alaska Supreme Court, 2020)

Cite This Page — Counsel Stack

Bluebook (online)
400 P.3d 99, 2017 WL 3202761, 2017 Alas. LEXIS 89, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bob-s-v-state-department-of-health-social-services-office-of-alaska-2017.