DH v. State

929 P.2d 650
CourtAlaska Supreme Court
DecidedDecember 20, 1996
DocketS-7590
StatusPublished

This text of 929 P.2d 650 (DH v. State) 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
DH v. State, 929 P.2d 650 (Ala. 1996).

Opinion

929 P.2d 650 (1996)

D.H., Appellant,
v.
STATE of Alaska, DEPARTMENT OF HEALTH & SOCIAL SERVICES, Appellee.

No. S-7590.

Supreme Court of Alaska.

December 20, 1996.

*651 James M. Hackett, Fairbanks, for Appellant.

D. Rebecca Snow, Assistant Attorney General, Fairbanks, and Bruce M. Botelho, Attorney General, Juneau, for Appellee.

Before COMPTON, C.J., and RABINOWITZ, MATTHEWS, EASTAUGH and FABE, JJ.

OPINION

RABINOWITZ, Justice.

I. INTRODUCTION

This is an appeal of an order adjudicating T.H. a child in need of aid pursuant to AS 47.10.010(a)(2)(F). The superior court determined that the child's mother D.H. was addicted to drugs at the time of her pregnancy, that she continues to be addicted, and that T.H. has been neglected by both D.H. and her father F.H. since birth. Based on the evidence before it, the court adjudicated T.H. a child in need and placed her in State custody for a period of up to two years. D.H. contends that T.H. was improperly removed from her custody and appeals the superior court's adjudication, asserting that there is insufficient evidence under AS 47.10.010(a)(2)(F) and Child in Need of Aid (CINA) Rules to support the superior court's determination.

*652 II. FACTS AND PROCEEDINGS

T.H. was born on July 5, 1995, to D.H. and F.H.[1] The newborn tested positive for cocaine when a urine toxicology screen was performed. The State took emergency custody of T.H. shortly after birth, based on this positive toxicology as well as concerns for T.H.'s safety should she remain in the care of an allegedly drug addicted mother.[2]

On July 17, 1995, D.H. signed a stipulation granting the Department of Health and Social Services (Department) custody of T.H. through October 8, 1995. With the agreement of D.H. and F.H., the State placed T.H. with Eva and John, the paternal grandparents.[3] For a few weeks D.H. resided with Eva and John and T.H. Thereafter, the parties came to an understanding regarding visitation which allowed D.H. and F.H. to take T.H. from her grandparents' home between 10:00 a.m. and 2:00 p.m. daily. D.H.'s visits were sporadic, though it "never reached a point where [visitation] wasn't happening at all."[4]

During this period the State attempted to assist D.H. in her expressed desire to participate in a substance abuse treatment program. This effort included various evaluations and programs, all of which D.H. left prior to completion. D.H.'s mother testified that D.H. stated "she wanted to go, but her — for some reason or another she'd say, but I'm not going to go if I can't have the baby. I'm not going to go if I have to go to group because I don't like talking."[5]

On September 25, 1995, the Department filed a Petition for Adjudication of Child in Need of Aid. Temporary State custody of T.H. was extended through completion of the hearing. On February 23, 1996, the superior court entered a judgment placing T.H. in the custody of the State for a period not to *653 exceed two years, pursuant to AS 47.10.080(c)(1).[6] In so doing the court found that D.H. suffers from a serious drug addiction that she is "not currently motivated to seriously address or resolve." The superior court additionally determined that

[d]rugs and alcohol remain the single most important part of [D.H.]'s life.... [D.H.] is not motivated to care for or nurture [T.H.]. [D.H.]'s refusal to take part in these proceedings demonstrates a lack of interest on her behalf.... [D.H.] has neglected [T.H.] since [her] birth. There has been no real bonding efforts on [D.H.]'s part and no significant nurturing has taken place.... The evidence is clear and convincing that neither [D.H.] nor [F.H.] have provided [T.H.] with a home since [her] birth or displayed any sincere desire to do so. It is in [T.H.]'s best interest to be placed in the custody of the State of Alaska. [Eva and John] appear to be the appropriate custodians for [T.H.] however this matter has not been fully addressed or litigated in these proceedings.

The superior court's findings were later amended nunc pro tunc to reflect its determination that "[t]he State actively pursued efforts to prevent removal of [T.H.] from her parents and made reasonable efforts toward reunification." D.H. appeals the superior court's judgment granting custody of T.H. to the State.[7]

III. DISCUSSION

A. Did the State Present Sufficient Evidence for the Superior Court to Adjudicate T.H. a Child in Need of Aid Under AS 47.10.010(a)(2)(F)?[8]

D.H. argues that the State's evidence of abuse or neglect is insufficient to meet the threshold requirements of AS 47.10.010(a)(2)(F).[9] In interpreting this statute, we have said that the legislature intended that the State "assume custody of minors only to remedy severe parenting deficiencies and prevent significant harm to children." In re J.L.F. & K.W.F., 912 P.2d 1255, 1261 (Alaska 1996). D.H. asserts that the State failed to present sufficient evidence to make this showing.[10]

The State contends that the record fully supports the superior court's determination that T.H. was a child in need of aid as a result of her mother's neglect since birth. According to the State, the evidence before the superior court demonstrated

the mother's failure to make any sustained effort after her daughter was born to establish a parent-child relationship with [T.H.] by remaining available to provide for her daily care. The explanation for *654 [D.H.'s] neglect lay at least partially in her polysubstance abuse which had gone on for several years. Neither her pregnancy nor the birth of her daughter changed her priorities.

The superior court determined that by failing to take responsibility for T.H. or to make any appreciable effort to do so, D.H. substantially neglected her daughter. We conclude that the court had an ample evidentiary basis for adjudicating T.H. a child in need of aid pursuant to AS 47.10.010(a)(2)(F). Thus, the superior court's finding is not clearly erroneous.

B. Is the Superior Court's Finding that the State "Actively Pursued Efforts to Prevent Removal of [T.H.] from Her Parents and Made Reasonable Efforts Toward Reunification" Adequate under CINA Rules 15(g) and 17(c)(2) and Supported by Sufficient Evidence?[11]

Once the threshold jurisdictional determination called for by AS 47.10.010 is made, the superior court is required to make findings of fact under the appropriate CINA rules. D.H. asserts that the superior court's requisite CINA findings are not adequately supported by the evidentiary record.[12]

CINA Rule 15(g), governing the adjudication hearing, requires that in cases where the trial court authorizes removal of the child from the parent, the court make findings pursuant to 42 U.S.C. § 671(a)(15) "as to whether, under the circumstances of the case, reasonable efforts were made to prevent or eliminate the need for removal of the child from the home and to make it possible for the child to return to the home." Rule 15(g) (emphasis added).

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D.H. v. State, Department of Health & Social Services
929 P.2d 650 (Alaska Supreme Court, 1996)

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Bluebook (online)
929 P.2d 650, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dh-v-state-alaska-1996.