N.A. v. State

912 P.2d 1235, 1996 Alas. LEXIS 9
CourtAlaska Supreme Court
DecidedJanuary 26, 1996
DocketNo. S-6619
StatusPublished
Cited by55 cases

This text of 912 P.2d 1235 (N.A. 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
N.A. v. State, 912 P.2d 1235, 1996 Alas. LEXIS 9 (Ala. 1996).

Opinions

OPINION

MATTHEWS, Justice.

N.A. appeals the termination of her parental rights over SA., and D.A N.A. originally lost custody of S.A. and D.A. because she was unable to take care of them due to alcohol abuse. N.A. later entered alcohol rehabilitation and has been sober for two years. Nevertheless, the superior court terminated her parental rights.

This case requires us to resolve a conflict in our prior decisions concerning the interpretation of AS 47.10.010(a)(2), the statute which governs when a child may be adjudicated to be a child in need of aid (CINA). We must determine which subsections of AS 47.10.010(a)(2) permit a CINA adjudication based on a parent’s or caregiver’s inability to care for a child.

I. FACTS AND PROCEEDINGS

N.A. is the mother of two boys, S.A, bom August 4,1989, and D.A, bom July 18,1990. The father of both children is R.S. S.A and D.A. are developmentally delayed. Their most significant delays are in the area of speech. Until 1992, N.A abused alcohol. At times, her alcohol abuse made her incapable of taking care of her children.

The State filed a petition for temporary custody of S.A. and D.A. in June 1991. The superior court granted the petition, adjudicated the boys CINA and committed them to the custody of the Department of Health and Social Services (DHSS). Custody was given to the State because N.A was unable to take care of the boys at times because of intoxication, and R.S. was in sexual abuse treatment which prohibited him from having unsupervised contact with children. S.A and D.A. were eventually placed with foster parents.

In November 1992, NA., again pregnant by R.S., entered the Dena A. Coy Center for Pregnant Women. N.A. stayed at Dena A Coy until June 1993. She received alcohol rehabilitation, parenting training, and other services there. N.A stopped using alcohol near the time she entered Dena A. Coy, and had been sober for two years at the time of trial.

Sh.A., a female, was bom to N.A at Dena A. Coy in May 1993. N.A has had continuous custody over Sh.A. Social workers who worked with N.A testified that N.A. is a good parent to Sh.A., and the State admits that N.A is able to meet Sh.A’s needs.

After leaving Dena A. Coy, N.A. utilized numerous, extensive services to help her maintain sobriety and improve her parenting skills. She attended Aeoholics Anonymous meetings and received other services to prevent a relapse into alcohol abuse. She regularly worked with several counselors on her parenting.

[1237]*1237Despite N.A.’s progress, the State filed a petition for termination of her parental rights over S.A. and D.A. in September 1993, contending that “[t]he boys’ needs are great and they need highly skilled parents to raise them in a healthy manner to their potential” and that NA’s “gains ... are not sufficient to parent the boys.” The trial took place in August 1994. R.S. relinquished his parental rights at the beginning of the trial. NA and R.S. were no longer in a romantic relationship at the time of trial.

At trial, the State presented three types of evidence in order to make a case that SA and D.A. would suffer harm in NA’s care. First, the State introduced testimony that the boys’ progress in overcoming their developmental delays would lessen under NA’s care because N.A. is not able to provide the boys with “structure and consistency.” Second, there was evidence that N.A. sometimes disciplines the boys by yelling at them. Third, witnesses for the State testified that they were concerned that S.A. or DA could suffer physical injury as a result of encountering an environmental hazard in NA’s care. The superior court terminated NA’s parental rights over S.A. and D A

II. STANDARD OF REVIEW

Under AS 47.10.080(c)(3), a superior court may terminate parental rights only “upon a showing in the adjudication by clear and convincing evidence that there is a child in need of aid under AS 47.10.010(a)(2) as a result of parental conduct and upon a showing in the disposition by clear and convincing evidence that the parental conduct is likely to continue.” The superior court found by clear and convincing evidence that S.A. and D.A. are children in need of aid under AS 47.10.010(a)(2)(A) and (C) as a result of conduct by NA which is likely to continue. N.A. argues that the superior court erred in making this finding.

In a CINA case, we will overturn the superior court’s findings of facts if they are clearly erroneous. We will declare a trial court’s findings to be clearly erroneous if a review of the entire record leaves us with a definite and firm conviction that a mistake has been made. See In re T.W.R., 887 P.2d 941, 944 (Alaska 1994); K.N. v. State, 856 P.2d 468, 475 (Alaska 1993). Determinations of law are reviewed de novo. E.g., Langdon v. Champion, 745 P.2d 1371, 1372 n. 2 (Alaska 1987).

III. IMMINENT AND SUBSTANTIAL RISK OF SUBSTANTIAL PHYSICAL HARM

We will consider whether the superior court clearly erred by adjudicating S.A. and DA. CINA under AS 47.10.010(a)(2)(C) (subsection (C)) before discussing AS 47.10.010(a)(2)(A) (subsection (A)). A child can be declared CINA under subsection (C) upon a showing of

the child having suffered substantial physical harm or if there is an imminent and substantial risk that the child will suffer such harm as a result of the actions done by or conditions created by the child’s parent, guardian, or custodian or the failure of the parent, guardian, or custodian adequately to supervise the child[.]

(Emphasis added.) A careful and thorough review of the entire record leaves us with a definite and firm conviction that the record cannot support a finding that SA and D.A. have suffered substantial physical harm as a result of parental conduct which is likely to continue or that there is an imminent and substantial risk that they will suffer such harm due to conduct by N.A. which is likely to continue.

The evidence presented by the State that N.A. is unable to provide her sons with sufficient “structure and consistency” cannot support a CINA adjudication under subsection (C). The only consequence that the State’s witnesses predicted would flow from a failure to give S.A. and D.A. the necessary “structure and consistency” was that the boys would not “meet their potential” or make the kinds of gains in overcoming their developmental delays which they would make otherwise. If S.A. and D.A. would indeed suffer this type of harm under NA’s care, the [1238]*1238harm would be gradual and not imminent, and it would not be substantial physical harm. The State’s witnesses did not identify any concrete physical harms that the boys would suffer as a result of not being supplied with enough “structure and consistency.”

Likewise, the testimony that N.A. sometimes disciplines S.A. and D.A. by yelling at them cannot justify a CINA adjudication under subsection (C). According to the State’s witnesses, this manner of disciplining the boys could cause them to suffer a loss of self-esteem.

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Bluebook (online)
912 P.2d 1235, 1996 Alas. LEXIS 9, Counsel Stack Legal Research, https://law.counselstack.com/opinion/na-v-state-alaska-1996.