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

336 P.3d 1258, 2014 Alas. LEXIS 215, 2014 WL 5791142
CourtAlaska Supreme Court
DecidedNovember 7, 2014
Docket6965 S-15351
StatusPublished
Cited by70 cases

This text of 336 P.3d 1258 (Chloe 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
Chloe v. State, Department of Health & Social Services, Office of Children's Services, 336 P.3d 1258, 2014 Alas. LEXIS 215, 2014 WL 5791142 (Ala. 2014).

Opinions

OPINION

FABE, Chief Justice.

I. INTRODUCTION

Chloe W.1 appeals the termination of parental rights to her three-year-old son Timothy, an "Indian child"2 under the Indian Child Welfare Act of 1978 (ICWA). She claims the trial court erred by: (1) relying too heavily on a stipulation filed after the close of evidence, which Chloe contends was the result of ineffective assistance of counsel; (2) finding that Chloe had not remedied the conduct that placed Timothy at risk; (8) finding that OCS made active efforts to reunify the family; and (4) finding that terminating Chloe's parental rights was in Timothy's best interests. Because the trial court's findings are amply supported by the record and its legal rulings are correct, we affirm the trial court's order terminating Chloe's parental rights to Timothy.3

II. FACTS AND PROCEEDINGS

Chloe lives in Juneau and is a member of the Tlingit and Haida Tribes of Alaska. As a child she suffered physical, emotional, and sexual abuse, as well as abandonment. Chloe was reported to have learning disabilities at school, and she dropped out in the eleventh grade. She worked sporadically over the years but has been unemployed since 2004. At age 19 Chloe lost her first child shortly after his birth due to a congenital heart defect and premature lung development. She started to take Xanax in 2008, when she was prescribed a high dosage for anxiety, in addition to Abilify and Neurontin for mood stabilization. In August 2009 Chloe began treatment with psychiatrist Dr. Paul Topol, who diagnosed her with depression and substance abuse. Dr. Topol continued the Xanax prescription and, because Chloe told him she was addicted to "pain killers," he prescribed Suboxone, an opiate maintenance drug. When Chloe became pregnant with Timothy, Dr. Topol continued her prescriptions to avoid serious health risks. Dr. Topol treated Chloe monthly until August 2018.

Timothy was born prematurely on August 1, 2010, at Alaska Native Medical Health Center in Anchorage. Timothy tested positive at birth for benzodiazepines, consistent with Xanax. When health professionals noticed that Chloe was lethargic and drowsy, they called OCS because they were concerned that she might drop the baby. Chloe signed an OCS Protective Action Plan. OCS contemplated placement of Timothy in a relative's home, and ultimately, Chloe and Timothy moved in with the Campbells, Chloe's aunt and uncle who live in Juneau.

On August 17 OCS filed a Petition for Adjudication of Child in Need of Aid and for Temporary Custody, based on reports that Chloe was uncooperative, heavily medicated, and unable to tend to Timothy's basic needs. Meanwhile, Timothy was experiencing symptoms of withdrawal, such as elevated respiration, high temperatures, and a mild increase in muscle tone. The court awarded OCS temporary custody of Timothy and continued his placement with the Campbells. But the relationship between Chloe and the Camp-bells became strained and adversarial, so Chloe moved into public housing.

On September 25 Juneau police responded to a report that Chloe was suicidal. Chloe's [1262]*1262visitation was reduced due to further reports of drowsiness and impairment from Timothy's doctor, OCS workers, and Juneau police. OCS recommended medical detoxification, working with Dr. Topol on mental health alternatives to medication, and various outpatient counseling. On November 2, due to lack of progress, OCS changed Timothy's permanency plan to adoption. On December 14 Superior Court Judge Patricia A. Collins adjudicated Timothy a child in need of aid under AS 47.10.011(6), (9), and (10)4 but concluded that adoption would not be appropriate as a permanency goal after only 90 days, so the goal was shifted to reunification.

At a disposition hearing on March 30, 2011, OCS stated that it had stopped receiving reports of drowsiness, and Chloe's attorney told the court that Chloe had weaned herself off Xanax and was following her case plan. The court continued the permanency goal of reunification and granted OCS continuing custody for up to two years. But in August and September Chloe again showed signs of being intoxicated or heavily medicated. OCS continued to work with Chloe to comply with her case plan. Concerned that Chloe's home was unsanitary, a social worker drove Chloe to pick up a carpet cleaner and purchased and delivered cleaning supplies to her home. Because Chloe would not allow OCS to inspect her home, OCS would not supervise in-home visits.5

On April 4, 2012, OCS filed a Petition for Termination of Parental Rights, alleging that Timothy was not safe with Chloe because of her recurrent, severe depression, borderline personality disorder, and pain-pill-seeking behavior. After the termination trial, held in August 2012, Superior Court Judge Louis J. Menendez denied the petition. The superior court found that Timothy remained a child in need of aid under AS 47.10.011(10) and AS 47.10.011(11).6 But the superior court reasoned that termination was not in Timothy's best interests: Chloe had been a consistent part of Timothy's life, Timothy was a healthy child, and there was reason to believe that Chloe could continue to stabilize and grow as a parent and that with careful planning and counseling, Timothy could transition into Chloe's home. The superior court further found that OCS had not presented evidence beyond a reasonable doubt that Timothy was likely to suffer serious emotional or physical harm, and that "renewing in-home visitation and parenting instruction, continuing mental health therapy for [Chloe,] and a gradual and specific transition plan towards reunification with [Timothy] may obviate the need for termination." The superior court fashioned another plan for the parties and committed to conducting monthly review hearings to monitor Chloe's progress in meeting the requirements of her detailed case plan.

In May 2018 OCS social worker Carol Graham filed a Second Petition for Termination of Parental Rights, asserting that despite her sustained and concerted efforts to engage Chloe in the case plan to facilitate reunification, Chloe had not made sufficient progress. The petition alleged that Chloe continued to be evasive about which medications she was taking and to exhibit signs of drug-seeking behavior. OCS submitted evidence that Chloe lacked the skills necessary to parent adequately and had not participated in the recommended parenting classes. OCS submitted to the court a psychological evaluation of Chloe, prepared by clinical psychologist Dr. Elisa Youngblood, based on her [1263]*1263meetings with Chloe in March 2018. Dr. Youngblood's report stated that Chloe was "likely to be irresponsible and engage in antisocial behavior" and "to rebel against authority, have turbulent family relationships, and blame others for her problems." It was Dr. Youngblood's impression that Chloe "ha[d] relapsed on taking too much prescribed medication to the point that her parenting would be significantly impaired and the safety of her son would be jeopardized." Dr. Youngblood recommended medical detoxification and then, due to the severity and complexity of Chloe's substance abuse history, full participation in an inpatient or residential treatment program for one year. Chloe did not participate in the recommended treatment.

The second termination trial took place in July 2018.

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Cite This Page — Counsel Stack

Bluebook (online)
336 P.3d 1258, 2014 Alas. LEXIS 215, 2014 WL 5791142, Counsel Stack Legal Research, https://law.counselstack.com/opinion/chloe-v-state-department-of-health-social-services-office-of-alaska-2014.