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

Summary

The court affirmed termination of David's parental rights to Hannah and affirmed denial of his motion to set aside the judgment for ineffective assistance of counsel. It held that the evidence supported findings of abandonment, incarceration without adequate arrangements, and substance abuse; that OCS made the active efforts required by the Indian Child Welfare Act; and that Hannah would likely suffer serious harm if returned to David. The court also held that failure to comply with ICWA placement preferences ordinarily does not invalidate termination, that Claire was not an Indian custodian because she was not an Indian person under ICWA, and that David failed to establish ineffective assistance or prejudice.