Victoria W. v. State

Alaska Supreme Court·Decided August 28, 2026·No. S-19605·Published

Opinion

2026 WL 2543136
Only the Westlaw citation is currently available.
NOTICE: THIS DECISION DOES NOT SERVE AS PRECEDENT. THE CASE WAS ENTERED IN THE WESTLAW DATABASE BEFORE THE TIME FOR REHEARING HAD EXPIRED. IT IS POSSIBLE THAT REHEARING HAS BEEN SOUGHT, GRANTED OR DENIED.
Supreme Court of Alaska.

VICTORIA W., Appellant,
v.
STATE of Alaska, Department of Family & Community Services, Office of Children's Services, Appellee.

Supreme Court No. S-19605
August 28, 2026
Appeal from the Superior Court of the State of Alaska, Third Judicial District, Valdez, Rachel Ahrens, Judge. Superior Court No. 3VA-22-00006 CN

Attorneys and Law Firms

Christopher D. Peloso, Law Offices of Chris Peloso, Juneau, for Appellant.
Aisha Tinker Bray, Assistant Attorney General, Fairbanks, and Stephen J. Cox, Attorney General, Juneau, for Appellee.
Before: Carney, Chief Justice, and Borghesan, Henderson, Pate, and Oravec, Justices.

OPINION
BORGHESAN, Justice.
I. INTRODUCTION
Star page 1*1 This appeal of an order terminating a mother's parental rights raises questions of both procedure and substance.
The procedural question is whether we may consider the findings the superior court made after the mother had already filed her appeal of the court's order terminating her parental rights on grounds of abandonment. After the appeal was filed, the Office of Children's Services (OCS) moved for reconsideration of the termination order, arguing that the superior court had misconstrued the law when it rejected OCS's petition to find the child in need of aid due to neglect. The superior court granted reconsideration and issued an amended termination order finding the child in need of aid based on neglect. Although the proper procedure for granting reconsideration of an order that had already been appealed was not followed, this procedural error did not cause any prejudice to the mother. She had notice of OCS's intent to terminate due to neglect, the issue had been fully litigated at trial, and the timing of the court's order did not affect the mother's ability to brief this issue for our review. Therefore, we consider the findings and conclusions in the amended termination order.
The substantive questions are whether the superior court clearly erred in finding that the mother neglected her child and failed to remedy the conduct and conditions that led the child to be neglected. We see no clear error in the finding that the three-year-old child was neglected when his mother left him in the care of a father who routinely drank to unconsciousness and exposed the child to unsafe conditions, and the mother made no attempt to contact the child for two months. We also see no clear error in the finding that the mother failed to remedy her conduct when she refused to complete the steps of her case plan and routinely missed visits with the child without convincing reasons. Therefore, we affirm the order terminating parental rights.
II. FACTS AND PROCEEDINGS
A. Facts
Milo is the son of Victoria and Oliver.1 Starting in 2021, OCS began to receive reports about Milo's family. OCS received a report in early November 2022 that Milo's relatives had taken him to live with his grandparents due to concerns that that Oliver was too drunk to stand up and that Milo, then three years old, was cold, filthy, and unsupervised in a trailer heated by an unshielded wood stove. During this time, Victoria was absent from the home for an extended period. OCS filed a non-emergency child in need of aid (CINA) petition in December 2022 based on allegations of physical harm, neglect, and parental substance abuse. Milo remained in the care of his grandparents.
Over the next few years, OCS created case plans for both parents and worked with them toward reunification. Victoria's case plan goals included establishing sobriety, maintaining a healthy relationship with Milo, finding stable employment, and obtaining safe housing. The case plan directed Victoria to do random urinalyses (UAs), obtain an integrated mental health and substance abuse assessment, and maintain regular visitation with Milo. While OCS was initially optimistic about reunification, Victoria submitted only one UA, did not obtain an assessment, and refused counseling. Although Victoria's visitation attendance improved in 2025, she struggled to attend visitation consistently throughout the case.
B. Proceedings
Star page 2*2 OCS filed a petition to terminate both parents’ parental rights in August 2024. The termination petition alleged that Milo was a child in need of aid due to neglect and substance abuse. A termination trial was held over multiple days between March and June of 2025. Oliver died before the end of trial.
At trial the court heard testimony from Milo's maternal grandmother, several OCS workers, and Victoria.
1. Trial testimony
a. Milo's maternal grandmother
Milo's maternal grandmother testified about Milo's removal from his parents’ home and visitation. She testified that Oliver's family brought Milo to her home in 2022 before he was formally removed by OCS, but Victoria was angry that her parents had Milo. She recalled that Victoria and Oliver had missed over 80 visits in the two and a half years since Mil

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

Victoria W. v. State, (Ala. 2026).

Victoria W. v. State (Victoria W. v. State) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related