Joy B. v. State, Dept. of Health & Social Services, Office of Children's Services

382 P.3d 1154, 2016 Alas. LEXIS 122, 2016 WL 6310769
CourtAlaska Supreme Court
DecidedOctober 26, 2016
Docket7131 S-16152
StatusPublished
Cited by35 cases

This text of 382 P.3d 1154 (Joy B. v. State, Dept. 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
Joy B. v. State, Dept. of Health & Social Services, Office of Children's Services, 382 P.3d 1154, 2016 Alas. LEXIS 122, 2016 WL 6310769 (Ala. 2016).

Opinion

OPINION

STOWERS, Chief Justice.

I. INTRODUCTION

A mother and her eight children were routinely and severely abused by the father of the younger children while living in another state. The mother fled to Alaska with four of her daughters in 2013. The family’s life remained chaotic and sometimes violent, with frequent altercations in the home, and the daughters were often out of control. After the Office of Children’s Services (OCS) obtained temporary custody of the children, the mother resisted OCS’s efforts to reunify the family and refused to participate in supervised visits with her daughters. She left Alaska in October 2014, maintaining only sporadic contact with her daughters, and she has not returned.

After a trial was held, the superior court terminated the mother’s and father’s parental rights with respect to the younger two daughters, finding that the children were in need of aid due to abandonment and other statutory factors, that the parents had not remedied the conduct that made the children in need of aid, that OCS had made reasonable efforts toward reunification, and that termination was in the daughters’ best interests. The mother appeals the termination of her parental rights but does not appeal the superior court’s finding that her children were initially in need of aid. We affirm.

II. FACTS AND PROCEEDINGS

A. History Of Extreme Domestic Violence Committed By Drake In Ohio

Joy B. 1 was married to and lived with Drake B. in Ohio for over 20 years. During this time Joy and Drake had two sons and four daughters together. Joy also had at least two daughters from a previous relationship, who lived with the family for part of this time period. The parties to this ease do not dispute the basic facts regarding the family’s history while Joy and the children were living with Drake in Ohio.

Drake routinely committed extreme torture and abuse against Joy and the children. For instance, Drake repeatedly used stun guns on the children. On one occasion Drake had to resuscitate one of the sons after he became unconscious from being shocked with a stun gun. Drake would also strip the children’s clothes off and whip the children with ropes and extension cords, after rubbing them with oil to minimize scarring from the abuse. Drake would lock the children in their rooms or in confined spaces such as large cardboard boxes for up to a day at a time, with limited food and water, as a form of punishment. There was at least one instance when Joy tried to intervene to protect the children, when Drake had hung one of the sons up behind a door, but Drake threatened to make the situation “worse” if Joy did *1157 anything to protect the son. Drake also abused animals in front of the children.

Drake regularly abused Joy, and the children witnessed much of this domestic violence. In addition to routine physical fighting between Drake and Joy, Drake engaged in extreme torture on several occasions. On one occasion, while Joy was pregnant, Drake handcuffed her in her room and starved her until she had a miscarriage. On another occasion, Joy was beaten severely in her room while the children were locked in another room listening to their parents’ screams. Once the children were released, they witnessed Drake pouring lighter fluid on Joy and threatening- to light her on fire. After the incident, one of the sons attempted to help Joy by bringing her pain relievers, and the father pulled and pinched his ears and threatened to kill him.

Drake also taught the children to berate Joy and to treat her in the same way that he treated her. During some of this time, Drake was engaged sexually with Billie, one of Joy’s daughters from a previous relationship. At times Billie appeared to act as the lead female in the household,, and she sometimes helped Drake abuse Joy and the other children.

Another one of Joy’s daughters from a previous relationship, Tanya, also lived with the family for a time. When she was 11, Tanya reported to Ohio Child Protective Services, that Drake had raped her. Child Protective Services removed Tanya from the home, and Joy relinquished her parental rights to Tanya. For the children who.remained in the home, Tanya’s removal was used as a cautionary example of what would happen if the children reported any of the abuse they were experiencing; the children were admonished not to break up the family by speaking to anyone about their abuse. Drake also expressly threatened to kill the children if they talked to Child Protective Services, and the children would hide when Child Protective Services came to the house. The children were forced into isolation in other ways as well: they were home-schooled, and they were not allowed to go anywhere or have friends outside the family.

To protect her children from Drake’s continuing abuse, Joy fled to Alaska in October 2013 with four of her daughters, Abby (age 16 at the time), Amy (age 14), Alyse (age 10), and Arianna (age 8). Joy left her two sons with Drake because she believed they were “too far gone” and had been trained to abuse her in the same way that Drake did.

B. Continued “Chaos” At Joy’s Home . In Alaska

The girls’ lives improved once they arrived in Alaska, as they were no longer subjected to Drake’s extreme physical abuse. Joy housed, fed, and clothed the girls. Yet their home life continued to be chaotic, with verbal and physical fights between some of the girls and Joy. And both Joy and her daughters experienced significant emotional and psychological challenges, including post-traumatic stress disorder (PTSD) and .severe emo: tional disturbance, as a.result of the trauma they had experienced.

Testimony in the record indicated that there was general “chaos in the home” during this time, including “arguments [that] would ... end in physical altercations.” The children would sometimes “manhandle” their mother, and Joy acknowledged that they were out of control, especially the older two. The children apparently did .not respond to Joy as an authority figure. The Anchorage Police Department was called to respond to altercations in the home on several occasions. In one of these, Amy was arrested for assaulting Alyse and was taken to a Division of Juvenile Justice facility for a time. Abby also reported that Joy grabbed and slapped her three or four times, generally in the presence of the younger girls.

Although most of the reports of physical fighting involved the older two girls, Alyse and Arianna also struggled and exhibited disturbing behaviors. Testimony indicated that Alyse and Arianna sometimes watched pornography and engaged in inappropriate sexual behavior in the home. They engaged in animal abuse on several occasions, including intentionally killing their pet hermit crabs. Alyse and Arianna also continually witnessed the chaotic environment and abuse in the home.

*1158 Joy was concerned about the level of stress the children were subjected to, and she initially sought treatment for one of the older daughters at North Star Hospital, a behavioral health facility. For a time, the entire family was voluntarily being seen by a counselor at Anchorage Community Mental Health.

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Cite This Page — Counsel Stack

Bluebook (online)
382 P.3d 1154, 2016 Alas. LEXIS 122, 2016 WL 6310769, Counsel Stack Legal Research, https://law.counselstack.com/opinion/joy-b-v-state-dept-of-health-social-services-office-of-childrens-alaska-2016.