Sid G. v. State of Alaska, DHSS, OCS

CourtAlaska Supreme Court
DecidedApril 6, 2016
DocketS16015
StatusUnpublished

This text of Sid G. v. State of Alaska, DHSS, OCS (Sid G. v. State of Alaska, DHSS, OCS) 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
Sid G. v. State of Alaska, DHSS, OCS, (Ala. 2016).

Opinion

NOTICE Memorandum decisions of this court do not create legal precedent. A party wishing to cite such a decision in a brief or at oral argument should review Alaska Appellate Rule 214(d).

THE SUPREME COURT OF THE STATE OF ALASKA

SID G., ) ) Supreme Court No. S-16015 Appellant, ) ) Superior Court No. 3AN-13-00130 CN v. ) ) MEMORANDUM OPINION STATE OF ALASKA, ) AND JUDGMENT* DEPARTMENT OF HEALTH & ) SOCIAL SERVICES, OFFICE OF ) No. 1577 – April 6, 2016 CHILDREN’S SERVICES, ) ) Appellee. ) )

Appeal from the Superior Court of the State of Alaska, Third Judicial District, Anchorage, Patrick J. McKay, Judge.

Appearances: Lars Johnson, Assistant Public Defender, and Quinlan Steiner, Public Defender, Anchorage, for Appellant. Janell Hafner, Assistant Attorney General, and Craig W. Richards, Attorney General, Juneau, for Appellee. Marika R. Athens, Assistant Public Advocate, and Richard K. Allen, Public Advocate, Anchorage, for Guardian Ad Litem.

Before: Stowers, Chief Justice, Fabe, Maassen, and Bolger, Justices. [Winfree, Justice, not participating.]

I. INTRODUCTION This appeal arises from the superior court’s termination of a father’s parental rights under the Indian Child Welfare Act (ICWA). The father argues that the

* Entered under Alaska Appellate Rule 214. superior court erred in finding that he had failed within a reasonable time to remedy the conduct that made his son a child in need of aid (CINA). In support of his argument the father asserts that three of the superior court’s underlying factual findings were not supported by evidence in the record. Because we conclude that the superior court’s findings were not clearly erroneous and the superior court did not err in finding that the father failed to remedy his conduct in a reasonable time, we affirm the superior court in all respects. II. FACTS AND PROCEEDINGS Joe is the three-year-old son of Sid and Chris.1 Joe is an Indian child for purposes of ICWA.2 Chris relinquished her parental rights and is not a party to this appeal. A. Sid’s History Sid, who is in his late forties, began to abuse alcohol at a young age, and he has continued to succumb to alcohol abuse and violent behavior for much of his life. Sid has pleaded guilty or no contest to many violent and alcohol-related crimes, including domestic violence and assault. And while Sid has pursued treatment for his substance abuse and anger management issues for more than a decade, even completing some treatment programs, his efforts have ultimately proved unsuccessful.

1 We use pseudonyms to protect the family’s privacy. 2 See 25 U.S.C. § 1903(4) (2012) (“ ‘Indian child’ means any unmarried person who is under age eighteen and is either (a) a member of an Indian tribe or (b) is eligible for membership in an Indian tribe and is the biological child of a member of an Indian tribe.”). Chris is a member of the Native Village of Unalakleet, and the tribe intervened in this case.

-2- 1577 B. Office of Children’s Services Involvement Joe was born in January 2013. At that time, Sid, Chris, Joe, and Chris’s three older children were living with Chris’s parents. In February 2013 the Office of Children’s Services (OCS) received a domestic violence report involving Sid and Chris. Sid asserted that he punched Chris in self-defense after she bit him during an argument. Chris was arrested for assaulting Sid,3 and as a result of this incident, OCS began investigating the family. Interviews with family members, including Chris’s older children, revealed that Sid and Chris drank and fought and that Sid “beat[] up on” Chris. A second domestic violence incident occurred in March 2013 when, according to the police report, Sid punched Chris twice in the face in the presence of the children. Sid told Tamara Wilson, the OCS caseworker working with the family at that time, that during both domestic violence incidents, he and Chris were “just . . . arguing.”4 Chris told the police that both she and Sid had been drinking before the assault. Sid was arrested, pleaded no contest, and was incarcerated. OCS held a team decision meeting in April and developed a safety plan to keep Chris’s children, including Joe, safe while remaining with Chris in her parents’ home. Sid, who was incarcerated at the Cordova Center halfway house at the time, wanted the children to remain with Chris’s parents. Chris’s parents agreed to participate to help protect the children from Chris’s drinking and any domestic violence. Two days after the team decision meeting, OCS filed a non-emergency petition for CINA adjudication and temporary custody. The following day, Wilson met

3 The State asserts that Sid, not Chris, was arrested as a result of the altercation. The record clearly supports that Chris, not Sid, was arrested. 4 At a screening interview with a substance abuse program in June 2013, Sid said that he and Chris had been “arguing about their relationship” and “pushing each other.” -3- 1577 with Sid to provide him with a copy of the petition and give him resources to address substance abuse and domestic violence. Sid told Wilson that he was receiving daily counseling at the Cordova Center, attending Alcoholics Anonymous, and that he wanted to attend substance abuse treatment. By June 2013 Sid was no longer at the Cordova Center, and he and Chris were living together again. OCS caseworker Stephanie Claiborne testified that OCS remained concerned about Sid’s untreated substance abuse. Claiborne met with Sid in June and July. Claiborne developed a case plan and testified that she discussed the plan with Sid, who asserted that he wanted to be sober and to address his domestic violence issues. The case plan identified Starting Point and the Cook Inlet Tribal Council’s program, Fathers’ Journeys, as services that could help Sid address his substance abuse and domestic violence issues. Claiborne also made referrals for a substance abuse assessment with Insight Therapy and for services with Access to Recovery through the Southcentral Foundation. Later in June Sid followed up on Claiborne’s assessment referral to Insight Therapy. During the assessment Sid maintained that he had previously wanted to stop drinking, but that he now drank up to 12 beers at a time, noting that his attempts to abstain from alcohol in the past had been unsuccessful. Yet, he referred to alcohol as a “very minor problem” in his life. And despite their history of domestic violence, Sid described his relationship with Chris as “very good.” Insight Therapy determined that Sid had a problem with alcohol abuse and recommended that he attend outpatient treatment. Claiborne testified that when she met with Sid in July, he said he was going to make his treatment a “top priority” and that he had a therapy appointment scheduled. But in August OCS received a report of another domestic violence incident in which Sid had assaulted Chris in front of one of her children. The police report from that incident

-4- 1577 alleged that Sid and Chris were drinking under a bridge and that one of Chris’s children was with them when Sid punched Chris in the face in front of the child. Chris was arrested for child endangerment after failing field sobriety and breathalyzer tests. After the August incident, an OCS caseworker interviewed each of Chris’s older children, who reported that Sid and Chris had failed to maintain sobriety and that domestic violence in the home had not ceased. Sid was not living in Chris’s parents’ house after the August incident, but OCS believed that he and Chris were continuing their relationship. At a team decision meeting later that month, OCS developed a new safety plan that required Chris to leave her parents’ home and the children to remain with Chris’s parents.

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Bluebook (online)
Sid G. v. State of Alaska, DHSS, OCS, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sid-g-v-state-of-alaska-dhss-ocs-alaska-2016.