Lucy J., Appellant v. State of Alaska, Department of Health & Social Services, Office of Children's Services, Appellee

Summary

The Alaska Supreme Court affirmed the termination of Lucy J.'s parental rights to her two Indian children, Jack and Carmen, under AS 47.10.088 and the Indian Child Welfare Act. Abundant evidence supported the findings that she failed to remedy her substance abuse and neglect, that OCS made the active efforts ICWA requires (including accommodations for her static encephalopathy), and that return to her care would likely cause serious emotional or physical harm proven beyond a reasonable doubt with qualified expert testimony. Termination was also in the children's best interests; ICWA's placement preferences govern placement decisions, not the threshold decision whether to terminate. Because failure to remedy any one CINA ground suffices, the court did not reach the domestic-violence and mental-deficiency grounds; no separate opinions were filed.