C.L. v. P.C.S.

17 P.3d 769, 2001 Alas. LEXIS 8
CourtAlaska Supreme Court
DecidedFebruary 12, 2001
DocketNos. S-9478, S-9607
StatusPublished
Cited by27 cases

This text of 17 P.3d 769 (C.L. v. P.C.S.) 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
C.L. v. P.C.S., 17 P.3d 769, 2001 Alas. LEXIS 8 (Ala. 2001).

Opinion

OPINION

FABE, Chief Justice.

I,. INTRODUCTION

L.G.'s parental rights were terminated as to her daughters, J.G. and S.G. The superior court awarded adoption of J.G. to P.S., and awarded adoption of S.G. to RK. and J.A. The maternal grandparents of the children sought their adoption below, and they challenge various aspects of the adoption proceedings. For the reasons stated below, we affirm the decision of the superior court in all respects.

II. FACTS AND PROCEEDINGS

J.G., who was born on September 16, 1991, and S.G., who was born on October 1, 1994, are the daughters of mother L.G. The children and their mother are Yupik Natives and tribal members of the Native Village of Em-monak.

C.L. and C.L. are the children's maternal grandparents. Mrs. C.L. is also an Emmo-nak tribal member and is the biological mother of L.G. Mr. C.L. is a non-Native and is L.G.'s step-father.

L.G.'s parental rights in J.G. and S.G. were terminated on April 28, 1999,1 after a proceeding before Superior Court Judge Richard D. Savell. We affirmed this termination in a separate opinion, L.G. v. State, Department of Health & Social Services.2 In that opinion we discussed L.G.'s long history of substance abuse and the evidence that L.G. neglected J.G. and S.G.3

J.G. and S$.G. have both had multiple homes and care givers. J.G. lived with her mother for her first two and one half years, until the Division of Family and Youth Services (DFYS) took protective custody. Then, for a brief period J.G. lived with her grandparents, C.L. and C.L., until the grandparents returned her to DFYS. J.G. was then placed in three successive, short-term foster homes. Then, J.G. was placed with P.S., a single woman who was later granted adoption of J.G. by the superior court below.

J.G. lived with P.S. for more than a year, until DFYS returned J.G. to her mother's custody. However, J.G. continued to visit P.S. on weekends. J.G. remained in her mother's custody until March 1996, when DFYS took emergency custody of J.G. because of L.G.'s continued substance abuse problems. For five months J.G. lived with RK. and J.A., who also had custody of S.G. During this period J.G. maintained regular contact with P.S. and spent entire weekends with P.S. After this, J.G. was returned to her mother's custody for about a year, until DFYS onee again took emergency custody because of L.G.'s drug abuse. In the next year, J.G. lived in two different foster homes. In July 1998 J.G. returned to the custody of P.S. and has lived with her ever since.

S.G. has had a similarly complicated placement history. S8.G. lived with her mother for the first few months of her life, until DFYS took protective custody. After an initial foster home placement, S.G. lived with a Native couple, R.K. and J.A., who were eventually awarded adoption of S.G. by the superior court below. In October 1995 S.G. was returned to her mother's care, although RK. and J.A. continued to visit, and babysat S.G. on occasion. S.G. remained in her mother's custody until March 1996, when DFYS took emergency custody of S.G., as well as J.G., because of L.G.'s continued substance abuse problems. At this time S.G. was returned to the care of R.K. and J.A. The child lived with them for the next five months. In August [772]*7721996 S.G. was returned to her mother's custody for about a year, until DFYS once again took emergency custody because of L.G.'s drug abuse. S.G. then lived in two different foster homes for a year, along with J.G. In July 1998 S.G. returned to the custody of RK. and J.A. and has lived with them ever since.

The April 28, 1999 termination of L.G.'s parental rights made J.G. and S.G. available for adoption.4 In the superior court below, Judge Ralph R. Beistline conducted separate adoption proceedings for J.G. and S.G.

On May 17, 1999, P.S., with whom J.G. has lived since July 1998, petitioned to adopt J.G. P.S. is a single, non-Native woman.

On June 8, 1999, grandparents C.L. and C.L. intervened in J.G.'s adoption proceedings, and sought custody of J.G. for themselves.

On August 12, 1999, RK. and J.A. petitioned to adopt S.G. 8.G. currently lives with RK. and J.A. RK. is an Emmonak tribal member and is the children's second cousin once removed by marriage. J.A. is also a Yupik Alaska Native and is a tribal member of the village of Kotlik.

On October 12, 1999, C.L. and C.L. intervened in S.G.'s adoption proceeding, seeking custody of S.G. for themselves. They also moved to consolidate the cases of J.G. and 8.G.

Judge Beistline denied the motion to consolidate the two cases. After trial, he awarded adoption of J.G. to P.S. and awarded adoption of §.G. to RK. and J.A. Judge Beistline also awarded P.S. $1,000 in attorney's fees. CL. and C.L. have appealed these rulings. For purposes of appeal, these cases have been consolidated.

III, STANDARD OF REVIEW

This appeal requires us to review the denial of a motion to consolidate, the denial of a relative's visitation rights, an award of attorney's fees, and an appointment of a guardian ad litem. These decisions are reviewed for abuse of discretion.5

This appeal also requires us to review the superior court's interpretation of the Indian Child Welfare Act of 1978 (ICWA),; this is a question of law that is reviewed de novo.6 We are also required to review the superior court's finding of good cause to deviate from ICWA placement preferences; we will do so using an abuse of discretion standard.7 The superior court's factual findings are reviewed using the clearly erroneous standard.8

IV. DISCUSSION

C.L. and C.L. challenge various aspects of the adoptions awarded by the superior court below. In all, five of the superior court's rulings must be considered: (A) the refusal to consolidate the separate cases of J.G. and S.G., (B) the awards of adoption (to P.S. and to RK. and J.A.), (C) the refusal to award C.L. and C.L. formal visitation rights, (D) the award of partial attorney's fees to P.S., and (E) the appointment of Sonia Mazurek as the guardian ad litem for S.G. For the reasons stated below, we affirm the decisions of the superior court in all respects.

A. The Superior Court's Decision Not to Consolidate the Cases Was Not an Abuse of Discretion.

On October 12, 1999, C.L. and C.L. moved to consolidate the separate adoption proceedings concerning, respectively, J.G. and S.G. The superior court denied this mo[773]*773tion. We review this decision for abuse of discretion.9

CL. and CL. argue that the superior court abused its discretion by failing to consolidate the two adoption proceedings. They claim that the issue of whether the sisters would be separated was central to both cases and that "the only way that the court could properly consider sibling bonding" was to consolidate the proceedings.

Under the cireumstances of this case, the superior court's decision not to consolidate the cases was not an abuse of discretion. The motion to consolidate was not filed until a month and a half after the trial in J.G's adoption case had begun and after a full day of testimony had been received. Denial of the motion did not prejudice C.L. and C.L.

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Bluebook (online)
17 P.3d 769, 2001 Alas. LEXIS 8, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cl-v-pcs-alaska-2001.