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

993 P.2d 1018, 1999 Alas. LEXIS 166
CourtAlaska Supreme Court
DecidedDecember 17, 1999
DocketS-8652
StatusPublished
Cited by36 cases

This text of 993 P.2d 1018 (Wilkerson 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
Wilkerson v. State, Department of Health & Social Services, Division of Family & Youth Services, 993 P.2d 1018, 1999 Alas. LEXIS 166 (Ala. 1999).

Opinion

OPINION

EASTAUGH, Justice.

I. INTRODUCTION

A state regulation automatically denies a foster care license to any applicant charged with a “serious offense” within the last ten years, whether or not the charge resulted in a conviction. The Alaska Division of Family and Youth Services denied William Wilkerson’s application because he had been charged with serious offenses. We hold that the regulation does not violate Wilkerson’s rights of equal protection or due process because it is an efficient means of eliminating applicants who pose a potential risk to foster children; the state’s compelling interest in the welfare of its .foster children greatly outweighs any property interest the applicant might have.

II. FACTS AND PROCEEDINGS

In May 1996, and again in September 1996, William Wilkerson applied to the Alaska Division of Family and Youth Services (DFYS) for a child foster care license. DFYS’s routine investigation revealed that Wilkerson had been charged with committing crimes. The charges were for various offenses: disorderly conduct (1981), assault (1984 and 1988), property damage (1984), a weapons offense (1984), and the possession or sale of dangerous drugs (1988, 1989, and 1993). Wilkerson was convicted on two of the charges, disorderly conduct and a weapons offense, although the disorderly conduct conviction was later set aside. The remaining charges were dismissed without prosecution.

A regulation, 7 Alaska Administrative Code (AAC) 50.210(c)(5) (1999), requires DFYS to deny a foster care license to an applicant who, within the past ten years, was

under indictment, charged by information or complaint, or convicted of a misdemean- or crime of assault, reckless endangerment, misconduct involving a controlled substance, or perjury, as defined in AS 11 or the laws of another jurisdiction ... [or] at any time, under indictment, charged by information or complaint, or convicted of a serious offense, as defined in AS 12.62.900. [ 1 ]

Four of Wilkerson’s charges, but none of his convictions, occurred within ten years of his application. Applying 7 AAC 50.210(c)(5), DFYS denied Wilkerson’s application.

DFYS gave four additional reasons for denying Wilkerson’s application: (1) his prior charges and convictions; (2) his pattern of *1021 involvement with known drug users and dealers; (3) his failure to provide complete and accurate information regarding his criminal history in his license application; and (4) reports that he might have physically abused his five-year-old son.

Wilkerson, appearing pro se, appealed the denial to the Department of Health and Social Services (DHSS). He argued that he did not give false information on his application and that denying his application on the basis of dismissed charges violated his right to due process. The hearing officer concluded that he did not have jurisdiction to hear Wilkerson’s constitutional challenge. But because the parties did not dispute that Wilkerson did not meet the requirements of 7 AAC 50.210(e)(5), the hearing officer granted summary judgment to DFYS on that basis alone. The hearing officer did not reach DFYS’s other bases for denial. The DHSS commissioner then adopted the hearing officer’s decision in its entirety.

Wilkerson appealed pro se to the superior court. He again asserted the unconstitutionality of 7 AAC 50.210(e)(5) under the equal protection and due process clauses. The superior court concluded that Wilkerson had waived his constitutional challenges due to inadequate briefing, noting that he had “failed to provide any citation of legal authority or legislative history and his argument is cursory and undeveloped.” The court therefore affirmed DFYS’s denial of Wilkerson’s application.

Wilkerson, now represented by counsel, appeals.

III. DISCUSSION

A. Standard of Review

We apply our independent judgment when reviewing an intermediate appellate court’s finding of waiver due to inadequate briefing. 2

Wilkerson’s constitutional challenges to 7 AAC 50.210(c)(5) raise questions of law, 3 which we review de novo, adopting “the rule of law that is most persuasive in light of precedent, reason, and policy.” 4

B. Wilkerson Did Not Waive His Constitutional Challenges.

The state argues that Wilkerson failed to preserve his constitutional challenges in the superior court by briefing them inadequately. When reviewing agency decisions, the superior court sits as an intermediate court of appeal and applies the Alaska Rules of Appellate Procedure. 5 Appellate Rule 212(c)(l)[i] requires that the argument portion of the appellant’s brief “contain the contentions of the appellant ... and the reasons therefor, with citations to the authorities, statutes and parts of the record relied on.” Accordingly, we have held that superficial briefing and failing to cite any authority constitute abandonment of a point on appeal. 6

Wilkerson’s superior court brief presented only conelusory arguments that applying 7 AAC 50.210(c)(5) would deny him his rights to equal protection and due process of the law. It failed to identify or apply the tests the courts use in reviewing the constitutionality of laws under those provisions. The state argues that these omissions are fatal.

Wilkerson excuses his omissions by arguing that, because the issue is one of first impression, “[t]he usual avenues of legal research within the reasonable grasp of a pro se litigant ... were not helpful to [him].” That Wilkerson proceeded pro se did not *1022 relieve him of the obligation to brief the issues he raised. 7 Nevertheless, “we hold the pleadings of pro se litigants ‘to less stringent standards than those of lawyers.’ ” 8

The essence of Wilkerson’s argument was easily discerned from his briefs: “because the charges against him were dismissed, denying his license application on the basis of those dismissed charges unfairly and unjustly deprives [him] of his rights.” He also clearly identified the equal protection and due process rights on which he based his argument. He reiterated his challenges in oral argument before the superior court. Wilkerson’s failure to identify and apply the precise legal tests for determining a violation of those constitutional provisions is not fatal; those tests are well established and could have been easily applied by the superior court. At the least, any confusion regarding Wilkerson’s challenge could have been clarified by the superior court or the state at oral argument.

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Bluebook (online)
993 P.2d 1018, 1999 Alas. LEXIS 166, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wilkerson-v-state-department-of-health-social-services-division-of-alaska-1999.