K.F. v. State, Department of Health & Social Services

912 P.2d 1255, 1996 Alas. LEXIS 21
CourtAlaska Supreme Court
DecidedMarch 15, 1996
DocketNos. S-6230, S-6240
StatusPublished
Cited by10 cases

This text of 912 P.2d 1255 (K.F. v. State, Department of Health & Social 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
K.F. v. State, Department of Health & Social Services, 912 P.2d 1255, 1996 Alas. LEXIS 21 (Ala. 1996).

Opinions

OPINION

MATTHEWS, Justice.

I. Introduction

In our prior opinion, In re J.L.F. and K.W.F., 828 P.2d 166 (Alaska 1992), we summarized the factual and procedural context this case presented:

K.F. is a twenty-six year old mother of two young boys, J.L.F., born September 1987, and K.W.F., bom November 1988. Applying a clear and convincing evidence standard, the superior court both adjudicated the children as children in need of aid (CINA) and found that K.F. was unable to care for the children. Consequently, upon petition by the state, the superior court terminated her parental rights. K.F. appeals both the CINA finding and the termination of her parental rights.

Id. at 167 (footnote omitted). K.F. contended that the superior court did not have jurisdiction to make a CINA adjudication under AS 47.10.010(a)(2)(A) because the State did not prove that there were no relatives available to provide care for the children.1 Id. at 169. We accepted K.F.’s argument that a CINA determination under subparagraph (A) required a finding that there existed no “rel[1258]*1258ative caring or willing to provide care.” Id. at 170. The State also argued that the CINA determination could be upheld under subsection (C) which requires “an imminent and substantial risk that the child will suffer [substantial physical] harm as a result of the actions done by or conditions created by the child’s parent....” We noted that certain findings made by the trial court seemed to relate to subsection (C) but that the court had declined to base its ultimate CINA finding on (C). Id. at 170. We ordered a remand, directing the trial court to reconsider its determination as to whether the children were in need of aid under subsection (C). If the superior court determined on remand that the children were not in need of aid under subsection (C) it was directed to determine whether there were relatives earing or willing to provide care for the children. Id. at 170 n. 11.

On remand, the superior court concluded that the record did not support “a finding that these children would be exposed to ‘imminent’ risk of substantial harm” pursuant to subsection (C). In reaching this conclusion the court noted that the State’s presentation at the original trial was complete. Therefore, a further hearing on this issue was not warranted. The court concluded that “[t]he facts of this ease do not support termination under [subsection (C)].” The court then sought to determine whether it had jurisdiction under subsection (A) by ordering a supplemental hearing on the issue of whether there was “a relative, custodian or guardian willing to provide proper care for either of these children.”2

Prior to the supplemental hearing, the State filed an amended petition for termination of parental rights. In addition to alleging jurisdiction under subsection (A), the petition alleged that KF.’s parental rights should be terminated under AS 25.23.180(c)(2) because she unreasonably withheld her consent to adoption.3

At the supplemental hearing on remand, KF.’s aunt, L.H., who resides in the state of Washington, testified that she and her hus[1259]*1259band were willing to care for the children. At the conclusion of the hearing the trial court found that L.H. and T.H. were not willing to care for the children and concluded that the children were children in need of aid under subsection (A). The court entered an order terminating K.F.’s parental rights and responsibilities. The following findings and conclusions of the trial court pertain to the question of the existence of relatives caring or willing to provide care for the children:

8.There is clear and convincing evidence that there are no relatives caring or willing to care for the above-named minors. This finding is based in part upon the following evidence.
a. The parties stipulated that the only relatives willing to provide care for the minors are [T.H. and L.H.], who reside in Pasco, Washington.
b. Although a positive homestudy through the Interstate Compact for the Placement of Children was received pertaining to the home of [T.H. and L.H.], [L.H.] intentionally and repeatedly misled the department about the location of the mother of the children when the department was attempting to serve the mother with the original petition for termination of parental rights. In fact, the mother had been residing with [T.H. and L.H.].
c. The department denied placement with [T.H. and L.H.] (1) because it had concerns that [T.H. and L.H.] were motivated to have the children placed with them so the mother could provide care for the children and the department had serious and justified concerns about the mother’s ability to safely care for the children, and (2) because [T.H. and L.H.] exhibited a lack of ability to cooperate with agencies involved in providing services for these children. The department’s decision not to place the children with [T.H. and L.H.] was justified. The actions of [T.H. and L.H.] reflect their inability to care for these children.
d. The testimony of [L.H.] also reflected an unrealistic plan that the children be placed with her so they could ultimately be placed with their biological mother.
e.[T.H. and L.H.] have never contacted the minors, personally, telephonically, or in written form.
9. No relatives exist who are able to provide care for these children, as “caring” is defined in AS 47.10.990(1).
10. AS 47.10.010(a)(2)(A) which provides this court with jurisdiction if there is “no parent, relative, ... caring or willing to provide care” must be read to include an ability to care. Mere wishful thinking about one’s willingness to provide care is not sufficient.

The court also concluded that K.F. had unreasonably refused to consent to adoption. The court made the following findings and conclusions on this point:

11. There is clear and convincing evidence that [K.F.] has unreasonably withheld her consent to the adoption of the above-named minors by [A.R.] and [S.M.], pursuant to AS 25.23.180(c)(2). This finding is based upon the following facts:
a. [K.F.] has refused to consent to an adoption of the above-named minors by [AH.] and [S.M.].
b. The minors have resided in the home of [A.R.] and [S.M.] for four years and eight months.
c. [K.W.F.] is bonded to [A.R.] and [S.M.], and any disruption of that bond would cause extensive damage to him. [J.L.F.] is attached to [A.R.] and [S.M.], although it is likely he is not capable of being bonded to anyone. A disruption of this attachment would likely cause serious harm to [J.L.F.].
d. Both children have extreme special needs, as reflected in Department’s Exhibits 1 through 10. They are doing as well as they are primarily due to the special attention and skills of [A.R.] and [S.M.]. Any movement from their present placement would likely cause [J.L.F.] to become mentally ill and perhaps require institu[1260]

Free access — add to your briefcase to read the full text and ask questions with AI

Related

In Re Adoption of Keith MW
79 P.3d 623 (Alaska Supreme Court, 2003)
R.J.M. v. State
946 P.2d 855 (Alaska Supreme Court, 1997)
D.H. v. State, Department of Health & Social Services
929 P.2d 650 (Alaska Supreme Court, 1996)
DH v. State
929 P.2d 650 (Alaska Supreme Court, 1996)
R.R. v. State
919 P.2d 754 (Alaska Supreme Court, 1996)
Matter of JLF
912 P.2d 1255 (Alaska Supreme Court, 1996)

Cite This Page — Counsel Stack

Bluebook (online)
912 P.2d 1255, 1996 Alas. LEXIS 21, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kf-v-state-department-of-health-social-services-alaska-1996.