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

177 P.3d 1181, 2008 Alas. LEXIS 34, 2008 WL 613122
CourtAlaska Supreme Court
DecidedMarch 7, 2008
DocketSupreme Court No. S-11663
StatusPublished
Cited by63 cases

This text of 177 P.3d 1181 (Jacob 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
Jacob v. State, Department of Health & Social Services, Office of Children's Services, 177 P.3d 1181, 2008 Alas. LEXIS 34, 2008 WL 613122 (Ala. 2008).

Opinions

OPINION

CARPENETI, Justice.

I. INTRODUCTION

David and Joyce Jacob are the grandparents of three children who were taken into custody by the Office of Children’s Services (OCS) in 2000. Despite dozens of timely attempts to communicate with OCS seeking information about their grandchildren and requesting that the children be placed in their home rather than remain in foster care, and despite the Jacobs’ status as joint custodians of their grandchildren under an order of the superior court in Washington, the Jacobs were not given notice of and did not have an opportunity to be heard in any of the Child in Need of Aid (CINA) hearings which occurred during the first three and one-half years that their grandchildren were in OCS’s custody. In 2004 the Jacobs retained counsel and brought a separate suit seeking declaratory judgment and injunctive relief regarding their rights to receive notice and be heard in their grandchildren’s CINA proceedings. The superior court dismissed the suit, instructing the Jacobs to instead inter[1183]*1183vene in the CINA proceedings. They have since done so.

The Jacobs appeal the superior court dismissal, arguing that they have not received all the relief to which they were entitled and seeking broader injunctive relief to correct an allegedly systemic failure by OCS to provide grandparents with statutorily required notice. OCS concedes that the Jacobs may be entitled to declaratory relief but argues that most of the Jacobs’ case is now moot because the Jacobs have received all the relief to which they are entitled and because the Jacobs lack standing to seek injunctive relief on the broader claims.

We accept the state’s concession on the issue of declaratory relief. We also conclude that there is a present, live controversy in which the Jacobs have a continuing stake and that the Jacobs will benefit from a declaratory judgment that OCS violated their statutory rights. Accordingly, we accept the state’s concession on the issue of declaratory relief and reverse and remand for entry of declaratory judgment in the Jacobs’ favor. We hold that all other issues are moot due to the Jacobs’ subsequent intervention in their grandchildren’s CINA proceedings.

II. FACTS AND PROCEEDINGS

A. Facts1

Minors A.K., D.L., and E.H. are the grandchildren of David and Joyce Jacob. The mother of the three children struggled with drug dependency and as a result the Jacobs often assumed care of their grandchildren. In 1997 a Washington state court granted the Jacobs joint custody of the children with their mother2 In 1999 the Jacobs agreed that the children could move to Alaska with their mother because she had been sober for quite some time. But in 2000 the mother relapsed, and in October 2000 the children were taken into custody by the Office of Children’s Services (OCS).3

When the Jacobs learned from the children’s mother in December 2000 that OCS had custody of the children, they immediately sent a letter to OCS stating that they were the children’s grandparents, had joint custody, and wanted OCS to place the children in their care. OCS did not respond to the letter and the children remained in foster care. Between December 2000 and March 2004 the Jacobs made dozens of attempts to communicate with OCS, including leaving messages for the caseworker and the caseworker’s supervisor, Tim Fox. On one occasion, Fox allegedly told the Jacobs that they were too old to care for the children.

Over the next three and one-half years OCS never sent the Jacobs notice of any court hearings regarding their grandchildren’s CINA proceedings, including those that occurred after the September 2001 effective date of amendments to the CINA statutes requiring grandparent notice.4 During that time period the Jacobs never filed a motion to formally intervene in their grandchildren’s CINA cases and never filed a petition requesting that the children be placed in their care.

B. Proceedings

In March 2004 the Jacobs filed a complaint for declaratory and injunctive relief in supe[1184]*1184rior court. They sought judgment declaring that OCS violated Alaska law by failing to place their grandchildren in their care and by failing to provide them with notice of their grandchildren’s CINA proceedings and permanency hearings. The Jacobs also sought injunctive relief compelling OCS to provide them and “all other grandparents similarly situated” written notice of all hearings in CINA proceedings involving their grandchildren, as well as an opportunity to be heard in their grandchildren’s permanency hearings. The Jacobs also requested that the court place their grandchildren with them until and unless OCS could show by clear and convincing evidence that such placement would result in physical or mental injury to the children. The Jacobs requested court costs and reserved the right to later seek attorney’s fees.

The state responded with a motion to dismiss under Alaska Rule of Civil Procedure 12(b), alleging lack of jurisdiction, improper venue, lack of standing, and failure to state a claim upon which relief may be granted. The Jacobs opposed the motion to dismiss and cross-filed a motion for partial summary judgment.

Superior Court Judge John E. Reese granted OCS’s motion to dismiss and declared the Jacobs’ summary judgment motion moot. Judge Reese found that “[ajlthough the department’s failure to give them notice is a serious oversight, the Jacobs’ due process rights have not been violated, since ... they may request placement in the CINA case.”

The Jacobs have subsequently intervened in their grandchildren’s CINA cases and pursued this appeal. OCS argues that the appeal is moot because of the intervention in the CINA cases. The Jacobs contend that they are seeking relief that cannot be granted within the CINA cases, and that to the extent their complaint is moot, we should apply the public interest exception to the mootness doctrine.

During oral argument the parties altered their positions somewhat, with OCS indicating that it had no objection to our vacating the order of dismissal and remanding for entrance of an order of declaratory judgment in favor of the Jacobs. The Jacobs also stated that they sought no relief broader than that necessary to satisfy their own claims.

III. STANDARD OF REVIEW

We review the superior court’s grant of a motion to dismiss pursuant to Rule 12(b)(6) de novo, “construing the dismissed complaint liberally, and assuming the truth of the facts it alleges.”5 Such dismissals “are viewed with disfavor and should only be granted on the rare occasion where ‘it appears beyond doubt that the plaintiff can prove no set of facts in support of the claims that would entitle the plaintiff to relief.’ ”6 We review the superior court’s dismissal of a declaratory judgment action under the abuse of discretion standard.7 The trial court’s decision to grant or deny injunctive relief is likewise reviewed for an abuse of discretion.8

We apply our independent judgment to questions of law, adopting “the rule of law most persuasive in light of precedent, reason, and policy.”9

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Cite This Page — Counsel Stack

Bluebook (online)
177 P.3d 1181, 2008 Alas. LEXIS 34, 2008 WL 613122, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jacob-v-state-department-of-health-social-services-office-of-alaska-2008.