Thea G. v. State, Department of Health & Social Services, Office of Children's Services

291 P.3d 957, 2013 Alas. LEXIS 2, 2013 WL 120914
CourtAlaska Supreme Court
DecidedJanuary 9, 2013
Docket6742 S-14663
StatusPublished
Cited by65 cases

This text of 291 P.3d 957 (Thea G. v. State, Department of Health & Social Services, Office of Children's 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
Thea G. v. State, Department of Health & Social Services, Office of Children's Services, 291 P.3d 957, 2013 Alas. LEXIS 2, 2013 WL 120914 (Ala. 2013).

Opinions

OPINION

FABE, Chief Justice.

I. INTRODUCTION

Thea G. challenges the superior court's order terminating her parental rights to her two children, Zach, age 12, and Abbic, age six.1 The superior court terminated Thea's parental rights based on her unremedied substance abuse issues. Thea raises three issues on appeal: First, she challenges the superior court's finding that the Office of Children's Services (OCS) made active efforts to prevent the breakup of her family. Second, she challenges the finding that if her custody over Zach and Abbie were continued the children would likely suffer serious emotional or physical damage. Finally, she challenges the finding that termination of her parental rights is in Zach's and Abbie's best interests. Because each of these findings is supported by sufficient evidence, we affirm the superior court's order terminating Thea's parental rights to Zach and Abbie.

IIL FACTS

Thea and her husband, Samuel, had two children, Zach, born in 1999, and Abbie, born in 2005. Thea is a member of the Native Village of Kotzebue (the Tribe) and her children are eligible for membership, so the children are Indian children for purposes of the Indian Child Welfare Act 2 (ICWA).

Thea has struggled with substance abuse and domestic violence since at least 2003.3 In an incident that year, Thea, while intoxicated, physically assaulted her mother and sister in a struggle over the mother's medication. Zach was present during the scuffle. While being arrested, Thea kicked a corrections officer in the groin. Thea was convict, ed on two counts of domestic violence assault. In other, unrelated, incidents that year, Thea was convicted of assault and disorderly conduct.4 Since that time, Thea has demonstrated a pattern of abusing substances-typically aleohol-resulting in run-ins with law enforcement, followed by attempts at treatment and periods of sobriety, and then, invariably, a relapse and descent into substance abuse again.

In July 2004, while Thea was pregnant with Abbie, Zach was taken into OCS's custody. OCS's concerns included the family's inadequate housing, Thea and Samuel's substance abuse, and repeated incidents of domestic violence between the couple in Zach's presence. OCS developed a case plan recommending that Thea participate in substance abuse treatment, a domestic violence assessment, and parenting classes. Thea completed a 85-day residential treatment program at Old Minto Family Recovery Camp. OCS returned Zach to his parents' physical care after about a month but retained legal custody for a year. After completing treatment, Thea remained sober for 18 months, but in January 2006 she relapsed and was arrested for driving while intoxicated on alcohol and Valium with Zach and Abbie in her car. She was convieted of DUI and resisting arrest.

Samuel died of natural causes in September 2008, and, following his death, Thea's substance abuse escalated dramatically. She testified that she began abusing alcohol to the extent that her parenting was "terrible," and she was often intoxicated while caring for her children.

[960]*960On May 8, 2009, Thea called the state troopers to report that Zach and Abbie had been missing from her home for hours. According to the emergency adjudication petition, the trooper who responded to her call found Thea to be "highly intoxicated" and unable to care for her children. Thea later admitted that she had been "caring for her children in an intoxicated state without a sober caretaker" and that she was "unaware for a significant period of time" that the children were not in the home. Because of Thea's history of substance abuse, OCS took Zach and Abbie into its custody. The agency placed the children with Thea's neighbors, the Newtons. OCS developed a case plan for the family; the plan required Thea to participate in substance abuse treatment and urine analyses (UAs), refrain from misusing prescription and over-the-counter medications, complete parenting classes, and participate in counseling. The plan provided liberal opportunities for Thea to have contact with the children.

Within a month of the children's removal, Thea was involved in a single-car accident that resulted in another DUI conviction. Several days later, Thea was remanded into custody for aleohol sereening, where her breath aleohol content registered .304.

In late June 2009, following a referral by OCS, Thea began substance abuse treatment at Akeela House. She did not actively participate in the program, however, and withdrew after only 12 days. Her discharge report recommended that she receive mental health counseling and long-term treatment for mood-altering substances.

For several weeks after Thea left Akeela House, she remained sober, she visited her children daily at the Newtons' home, and she applied for admission to treatment at Salvation Army Clitheroe Center. But before Thea entered that program, she relapsed again.

By the close of 2009, Thea was once again sober. She attended AA meetings, had a sober support system in place, participated in outpatient treatment at Alaska Family Services (AFS), and worked with OCS to gain admission to a residential treatment program at Southcentral Foundation Dena A Coy. As a result, on December 10, 2009, OCS placed Zach and Abbie with Thea for a trial home visit. In disposition reports filed with the court in January 2010, Thea's social worker and the children's guardian ad litem praised Thea's performance leading up to and during the trial visit. But the trial visit ended later that month because Thea again relapsed. The children were returned to the Newtons' home.

By spring 2010, Thea was again drinking heavily. In early March 2010, she was incarcerated on a DUI charge and underwent alcohol detoxification treatment. At the time, she reported that she was drinking half a bottle of vodka daily.

The following month, Thea began a four-month residential treatment program at Dena A Coy, on referral by OCS. She successfully completed the program in August 2010, and she was discharged with a recommendation for participation in intensive outpatient care and attendance at AA/NA meetings. She was also referred to AFS for continued substance abuse and mental health counseling. She participated in the AFS program for a few months but did not complete it.

In the fall of 2010, Thea and the Newtons asked OCS to place the children with Thea again for another trial home visit. Thea's social worker, Fennisha Gardner, denied the request, stating that Thea was not ready for such a visit and that she did not want to set Thea up for failure. Despite OCS's denial of the request, Thea and the Newtons defied OCS and transferred the children to Thea, after which the Newtons left town for a number of weeks.

On November 3, 2010, Thea was arrested for driving while intoxicated on aleohol and Xanax with Zach and Abbie in her car. She pleaded guilty to felony DUI and endangering the welfare of a minor and was sentenced to 34 months incarceration with 31 months suspended. She received four years of felony probation, forfeited her car, permanently lost her driver's license, was fined $10,000 with $7,500 suspended, and was ordered to participate in and graduate from mental health court. The children were not placed [961]*961back with the Newtons; instead, they were placed with Thea's sister and her husband.

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Cite This Page — Counsel Stack

Bluebook (online)
291 P.3d 957, 2013 Alas. LEXIS 2, 2013 WL 120914, Counsel Stack Legal Research, https://law.counselstack.com/opinion/thea-g-v-state-department-of-health-social-services-office-of-alaska-2013.