Sherman B. v. State, Department of Health & Social Services

290 P.3d 421, 2012 Alas. LEXIS 175, 2012 WL 6634021
CourtAlaska Supreme Court
DecidedDecember 21, 2012
DocketNo. S-14614
StatusPublished
Cited by102 cases

This text of 290 P.3d 421 (Sherman B. 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
Sherman B. v. State, Department of Health & Social Services, 290 P.3d 421, 2012 Alas. LEXIS 175, 2012 WL 6634021 (Ala. 2012).

Opinion

OPINION

CARPENETI, Justice.

I. INTRODUCTION

A father challenges the superior court's decision to terminate his parental rights, arguing that the court's conclusions were not supported by clear and convincing evidence, that termination was not in the best interests of the child, and that the court improperly considered certain facts. Because the record supports the superior court's decision to terminate the father's parental rights, and because the superior court properly considered the record as a whole, we affirm.

II. FACTS AND PROCEEDINGS

A. Facts

1. Darcy's birth

Darcy M. was born cocaine- and marijuana-positive in March 2009, to Amy M.1 Because of Amy's ongoing substance abuse issues, because she was homeless, and because the father had not been definitively identified, the Office of Children's Services (OCS) took Darey into emergency custody on March 20, 2009. At a probable cause hearing held shortly after, Amy stipulated that there was probable cause to find Darcey was a child in need of aid. OCS then placed Darey with Vallerie M., Amy's mother who became a licensed foster parent.

Although OCS stated that the identity of the father was unknown at the time of birth, Sherman B. had learned that Amy was pregnant in the first month of her pregnancy, and testified that as soon as Amy told him she was pregnant he "knew [he] was the dad right then." At the time of the underlying proceedings in this case, Sherman and Amy had two children together: Georgina, who has lived with Sherman's aunt in New York since she was about one year old;2 and Darey. Amy has also given birth to a stillborn son by Sherman, and at the time of the termination trial in this case Amy was pregnant with another child by Sherman. Following Darcy's birth, Sherman also fathered a child with another woman, and their child, Khloe J., was born in April 2010. Khloe's mother also suffers from substance abuse issues, and Khloe is similarly in OCS custody.

Sherman had minimal contact with Amy while she was pregnant with Darcey. For some of Amy's pregnancy with Darcey and at the time of Darey's birth, Sherman was in Whittier working for a seafood processor. In March 2009, a paternity test was facilitated by OCS; results confirmed that Sherman was the father. Sherman learned of the test results on June 8, 2009. Before being asked to complete a paternity test and during the [424]*424pendency of the paternity test, Sherman made no attempt to contact Amy or Vallerie regarding Darcy's birth or to otherwise see Darcy. ©

2. March 2009 through mid-2010

After Sherman's paternity was established in June, OCS filed an Amended Emergency Petition for Adjudication of Child in Need of Aid for Temporary Custody. This petition noted that OCS scheduled both an advisement hearing for June 4, 2009, and an appointment for June 8, 2009, to discuss Sherman's contact with Darcey, gather a social history, and develop a case plan. Sherman failed to show up on both dates. He did show up at OCS on June 9, and agreed to come back the next day. On June 10, OCS completed a social history but notes about the meeting explain that Sherman "refused to [work] a case plan until his lawyer is present." The emergency petition also noted Sherman's extensive history of trouble with the law. This included two previous protective services reports concerning other children, one substantiated and the other unsubstantiated, alleging that Sherman "was selling crack and had shot a gun in a drug deal altercation." OCS found 45 court case filings involving Sherman, including "convie-tions for assault 4, several assault 1st, several misconduct-controlled substance, felonies, misdemeanors, domestic violence petitions, and driving without a valid Heense." Based on the above information, OCS concluded that placement with OCS would promote Darcy's best interests.

In the months following OCS's initial involvement in the case, Sherman requested custody of Darey-but his plan was to transfer Darcy to his aunt's home in New York, rather than to have Darey live with him. On February 11, 2010, Sherman filed a Motion to Change Placement, seeking to change Darcy's custody from Vallerie to Sherman's aunt. During a placement review hearing on May 5, 2010, the superior court noted Sherman's position was "very clear and consistent"-he sought placement with his aunt in New York. The superior court denied Sherman's motion, but instructed Sherman to notify the court within two weeks if he wanted to seek placement with himself,. - After the superior court's denial, OCS continued to pursue the option of sending Darcy to live with Sherman's aunt but eventually denied the request after receiving a report from the New York Department of Social Services explaining that the aunt lacked the resources to care for additional children. In May 2010, about 14 months after Darcy's birth, Sherman made his first formal request for Darey's placement in his home. However, the court questioned whether Sherman's plan to have Darcy live with him was sincere.

Sherman's 2009 case plan required him to: (1) complete a psychological assessment and follow the recommendations;3 (2) commit no further crimes; (8) complete a parenting class appropriate for infants and follow the recommendations; (4) maintain at least weekly contact with Darey (more if possible); (5) make an appointment for the social worker to make a home visit; (6) provide telephone numbers and addresses of relative placements; and (7) provide urinalyses upon request.

Despite his case plan's requirement that he maintain weekly contact with Darcey, Sherman visited Darcy only intermittently from June 2009 through February 2010. After his first visit at OCS, in June 2009, he reported that he would be out of town for two or three months. His visitation was sporadic; he often missed appointments or appeared late. His visits were transferred from OCS to a youth treatment center, but they were eventually returned to OCS because of Sherman's behavior-he had been making video record[425]*425ings of his visits and when asked to stop he became verbally aggressive. Once visits returned to OCS, visits became more regular, Sherman consistently showed up, and interactions with Darey improved.

In early 2010, Sherman was arrested along with Khloe's mother at an Anchorage hotel for possession of cocaine. Cocaine was found in his room, and a large amount of cocaine was found just outside of his room in the snow. These charges later were dropped.

In June 2010, OCS petitioned to terminate Sherman's and Amy's parental rights to Darcy. A termination trial was originally scheduled for December 2010, but was later postponed to March 2011.

By July 2010 Sherman had "somewhat complied" with the requirement that he attend parenting classes, having attended most of his scheduled parenting classes with Fathers Insyne over a two-month period. But with only four classes left to complete, the social worker was notified that the class was going to terminate Sherman for non-attendance. Although the social worker intervened, Sherman missed further classes and was told that he would have to start over. Ultimately, a compromise was struck that allowed him to complete the course work with Fathers Insync.

OCS had difficulty obtaining information regarding Sherman's employment and living arrangements.

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

Related

Angie W.v. State of Alaska, DHSS, OCS
Alaska Supreme Court, 2022
Louis C. v. State of Alaska, DHSS, OCS
Alaska Supreme Court, 2021
Duke S. v. State of Alaska, DHSS, OCS
Alaska Supreme Court, 2021

Cite This Page — Counsel Stack

Bluebook (online)
290 P.3d 421, 2012 Alas. LEXIS 175, 2012 WL 6634021, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sherman-b-v-state-department-of-health-social-services-alaska-2012.