S.H. v. State, Department of Health & Social Services, Division of Family & Youth Services

42 P.3d 1119, 2002 Alas. LEXIS 31
CourtAlaska Supreme Court
DecidedMarch 8, 2002
DocketNos. S-9932, S-9938
StatusPublished
Cited by14 cases

This text of 42 P.3d 1119 (S.H. v. State, Department of Health & Social Services, Division of Family & Youth 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
S.H. v. State, Department of Health & Social Services, Division of Family & Youth Services, 42 P.3d 1119, 2002 Alas. LEXIS 31 (Ala. 2002).

Opinion

OPINION

FABE, Chief Justice.

I. INTRODUCTION

The Department of Health and Social Services, Division of Family and Youth Services (DFYS) petitioned to terminate the parental rights of SH. and RH. In April 1999 a DFYS social worker removed S.H.'s five children from the home after receiving a report that S.H. was using cocaine and that RH. had returned home in violation of a restraining order. The primary issue before the superior court was whether the parents' recent efforts to eliminate substance abuse and domestic violence from the home and to attend to their children's complicated needs were sufficient to remedy their harmful conduct within a reasonable amount of time. After a four-day hearing in September 2000, the trial court terminated the parental rights of S.H. and RH. Both parents appeal. Because the trial court's findings are not clearly erroneous, we affirm.

II. FACTS AND PROCEEDINGS

A. The Children

RH. and S.H. were married from 1991 to 2000. S.H. is the mother of four boys and one girl: J.F., a son born in 1986; S.F., a son born in 1990; TH., a son born in 1992; V.H., a daughter born in 1994; and D.H., a son born in 1995. RH. is the father of the three youngest children. J.F. and S.F. were fathered by two different men.

1. J.F.

J.F., the eldest child, was born in 1986 to S.H. and an Alaska Native who has not been involved in J.F.'s upbringing and is not a party to this appeal. J.F. is eligible for membership in the Orutsararmuit tribe by virtue of his father's membership.

J.F. was hospitalized twice in 1999 at Charter North Hospital (Charter) due to aggression and his attempt to jump out of a window at a shelter. He was subsequently transferred to Alaska Children's Services (ACS) residential treatment where he remained for at least nine months. According to his ACS case manager:

[J.F.] has a history of defying parents and other adults, severe verbal and physical outbursts, destroys property, attempts to injure children, lies, acts without considering consequences, ADHD [attention deficit hyperactivity disorder] per diagnosis, easily agitated, refuses to comply with normal duties, attempts to manipulate others, associates with negative peers, fire setting, mood swings, depression, anxiety and grief issues.

When hospitalized at Charter, J.F. admitted, "I get mad quickly. I have an anger problem." J.F. was diagnosed as possibly suffering post traumatic stress disorder and major depression. Psychological testing revealed that he may have been sexually abused.

2. SF.

S.F. was born in December 1990 to S.H. and another man who is not a party to this appeal. SF. was described as having "a history of defying parents and other adults, hyperactive behavior, impulsive behavior, usually withdrawn and quiet, anxious, needs constant supervision, history of abuse and neglect, shows no attachment, grief and loss issues." He also has "varied symptoms of repressed anxiety." A neuropsychologist [1121]*1121who assessed him concluded that S.F. "needs to reside in a structured, predictable, and highly supportive environment that provides him with the experience of safety and consistent guidance.... [EJxceessive environmental stimuli should be limited ... because he is easily overwhelmed."

3. TH.

TH. was born in August 1992. From the summer of 1998 to January 1999, TH. was admitted to Charter three times for two to three weeks each time. Upon the initial intake, he was described as follows:

This five-year-old, who has been treated by Dr. Lyon Clark for attention deficit on Ritalin and imipramine, has manifested severe behavior to the point of bizareness [sic]. He is not containable by his parents with extreme aggression, fighting, kicking and severe destruction of property. His behavior is unremitting and also violent to other children with having to be under observation continuously.

The admitting doctor stated that T.H. "looks as if he could be in a black and white picture as a refuge[e] child behind barbed wire in a wartime photo. Thusly trauma is written on his face." After his third hospitalization, TH. was transferred from Charter to ACS residential treatment where he lived from February 1999 to February 2000.

A neuropsychological evaluation to assess T.H.'s "aberrant behavior and emotional dysfunction" in May 2000 revealed that his hyperactive and aggressive behavior has not ceased. He was again admitted to Charter after reporting that he had experienced auditory hallucinations telling him to harm himself. TH. was diagnosed with post traumatic stress disorder and was found to be "clearly struggling with psychosis."

4, V.H.

V.H., the only daughter of S.H. and RH., was born in May 1994. In June 1997 DFYS received a report of suspected sexual abuse of V.H. The report alleged that SH. had invited a couple she had met on a dating chat line to her house to engage in sexual activities. SH. had previously learned that the couple had lost custody of their children to the state. The man reportedly assaulted T.H. and molested V.H., then three years old, while in the home. The incident was reported to the Anchorage Police Department.

One of V.H.'s teachers reported in May 2000 that V.H. "had come to school disheveled and unkempt, that she exhibited difficulties with her school work, and that she displayed inappropriate behaviors with the male children in her class." A neuropsychologist recommended that V.H. "reside in a very structured, predictable, and nurturing environment where appropriate displays of affection are emphasized and personal boundaries are gently clarified."

5. D.H.

D.H., the youngest child, was born in December 1995. He was hospitalized during January 1996 for lung problems and was diagnosed with "reactive airway disease." Despite recommendations to refrain from smoking around D.H., DFYS social workers who visited the home noted that S.H. and RH. continued to smoke in the home. A licensed therapist who assessed D.H. in January 2000 testified that D.H. had been harming his foster parents' pets, had reenacted domestic violence in his play, and had de-seribed violence in his home.

B. DFYS Involvement

Ten reports of suspected child abuse were made to DFYS starting in 1987. On June 5, 1997, the first substantiated report to DFYS was made based on an incident in which RH. assaulted J.F., T.H., and S.H. while he was intoxicated. According to DFYS's petition, "Lolfficers reportedly had to draw their weapons on [R.H.] to get him to remove a meat cleaver." Less than three weeks later, DFYS received the report regarding suspected sexual abuse of V.H. and assault of TH. by a man S.H. met on a dating chat line. It was also reported that S.H. had been verbally and physically abusive to the children.

After this incident, S.H. complied with DFYS instructions to refrain from associating with the man from the chat line and his wife, and S.H. called Southcentral Founda[1122]*1122tion to become involved in a parent support group and to start V.H. in therapy. However, within several weeks S.H. began missing appointments. -In the summer of 1997 DFYS referred the family to the Anchorage Center for Families for counseling.

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42 P.3d 1119, 2002 Alas. LEXIS 31, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sh-v-state-department-of-health-social-services-division-of-family-alaska-2002.