How cited: Paula E. v. State, Department of Health & Social Services, Office of Children's Services · Go Syfert

Paula E. v. State, Department of Health & Social Services, Office of Children's Services (2012)

green · 60 citation events across 2 courts. Showing the 39 strongest citers on record (one row per citing case, strongest signal kept).
Treatment trajectory · 2012 → 2026 · click a year to view the case as of then
201220192026
Quote Authority · Alaska · signal: see also · 4 citations in this opinion
The court’s reference to a “first-tier” placement simply reflects that placement with a member of the child’s extended family 22 (...continued) Servs., 276 P.3d 422, 430 (Alaska 2012). 23 25 C.F.R. § 23.132 (b); see also Paula E., 276 P.3d at 437 (“OCS bears the burden of showing good cause to deviate from placement preferences.”). 24 25 C.F.R. § 23.132 (c)(4) (emphasis added). 25 In re Adoption of Sara J., 123 P.3d 1017, 1028 (Alaska 2005) (emphasis in original).
“OCS bears the burden of showing good cause to deviate from placement preferences.”
Quote Authority · Alaska · 3 citations in this opinion
Servs., Office of Children’s Servs., 276 P.3d 422, 431 (Alaska 2012) (“Alaska Statute 47.10.080(s) provides that foster parents are entitled to notice of non-emergency transfers of children for whom they are caring . . . .”). 16 AS 47.10.080(s). 17 CINA Rule 2(l); cf. 25 U.S.C. § 1911 (c) (2018) (“In any State court proceeding for the foster care placement of, or termination of parental rights to, an Indian child, the Indian custodian of the child and the Indian child’s trib…
“Alaska Statute 47.10.080(s) provides that foster parents are entitled to notice of non-emergency transfers of children for whom they are caring . . . .”
Rule Authority · Alaska · 2 citations in this opinion
Servs., Off. of Child.’s Servs., 276 P.3d 422, 433-35 (Alaska 2012). 16 Id. (quoting D.M. v. State, Div. of Fam. & Youth Servs., 995 P.2d 205, 212 (Alaska 2000)). -13- 1882 She argues that “without the direct moderation of her trial counsel,” Amira talked over other participants nonstop, demonstrated an “inability to control herself” and used derogatory language that ultimately led the court to mute her numerous times.
Rule Authority · Alaska · 2 citations in this opinion
In Paula E. v. State, Department of Health & Social Services, Office of Children's Services, we held that we would not consider unadmitted exhibits in the trial record, including a home study, in our review of the trial court's factual findings. 276 P.3d 422, 430 (Alaska 2012).
Rule Authority · Alaska · 2 citations in this opinion
Servs., 276 P.3d 422, 436 (Alaska 2012) (reviewing for plain error an objection that was not raised in the superior court). -18- 6925 STOWERS, Justice, dissenting in part.
reviewing for plain error an objection that was not raised in the superior court
Rule Authority · Alaska · 2 citations in this opinion
Servs., Office of Children's Servs., 276 P.3d 422, 436 (Alaska 2012) (quoting D.J. v. PC., 36 P.3d 663, 668 (Alaska 2001).
quoting D.J. v. PC., 36 P.3d 663, 668 (Alaska 2001
Rule Authority · Alaska
Servs., Off. of Child.’s Servs., 276 P.3d 422, 433 (Alaska 2012) (quoting D.M. v. State, Div. of Fam. & Youth Servs., 995 P.2d 205, 212 (Alaska 2000)) (internal quotation marks omitted). -18- 2136 must consider “the likelihood that proper notice might alter the outcome” of the termination proceeding.43 Kendall argues that she was deprived of due process through a combination of procedural irregularities and the superior court’s apparent reliance on Aidan’s conduct as a justi…
quoting D.M. v. State, Div. of Fam. & Youth Servs., 995 P.2d 205, 212 (Alaska 2000)
Rule Authority · Alaska
Servs., Off. of Child.’s Servs., 276 P.3d 422, 430 (Alaska 2012) (quoting D.M. v. State, Div. of Family & Youth Servs., 995 P.2d 205, 207 (Alaska 2000)). -6- 2105 “ ‘Whether OCS made reasonable efforts to reunify the family is a mixed question of law and fact.’ For mixed questions, ‘we review factual questions under the clearly erroneous standard and legal questions using our independent judgment.’ ”4 DISCUSSION A. The Court’s Handling Of Roman’s Representation Issues Did No…
quoting D.M. v. State, Div. of Family & Youth Servs., 995 P.2d 205, 207 (Alaska 2000)
Rule Authority · Alaska
Servs., Off. of Child.’s Servs., 276 P.3d 422, 430 (Alaska 2012). -10- 2096
Rule Authority · Alaska
Servs., Off. of Child.’s Servs., 276 P.3d 422, 430 (Alaska 2012); see also Alaska R.
Rule Authority · Alaska
Servs., Off. of Child.’s Servs., 276 P.3d 422, 436 (Alaska 2012) (quoting Duffus v. Duffus, 72 P.3d 313, 319 (Alaska 2003)). 61 25 U.S.C. § 1911 (c). 62 Id. § 1903(6). -17- 7718 Rosalind “legal custody . . . under State law”63 by selecting her as a temporary foster placement.
quoting Duffus v. Duffus, 72 P.3d 313, 319 (Alaska 2003)
Rule Authority · Alaska
Servs., Off. of Child.’s Servs., 276 P.3d 422, 438 (Alaska 2012). -10- 7655 the good cause inquiry only arises if a “suitable caretaker” exists.16 They argue that Taryn is not suitable.
Quote Authority · Alaska
Servs., Off. of Child.’s Servs., 276 P.3d 422, 430 (Alaska 2012) (“[W]e will consider only the evidence that was admitted at the hearing.”). -27- 7598 criminal history, Mona said she had never asked him anything about it.
“[W]e will consider only the evidence that was admitted at the hearing.”
Rule Authority · Alaska
Servs., Off. of Child.’s Servs., 276 P.3d 422, 433 (Alaska 2012) (“Although the due process analysis is a flexible and contextual one focusing on the interest and not the outcome, there must be some actual prejudice. . . and not merely the ‘theoretical possibility of prejudice.’ ” (quoting D.M. v. State, Div. of Fam. & Youth Servs., 995 P.2d 205, 212 (Alaska 2000))). 36 Cf. Belluomini v. Fred Meyer of Alaska, Inc., 993 P.2d 1009, 1015 (Alaska 1999) (explaining that criminal …
Rule Authority · Alaska
Servs., Off. of Child.’s Servs., 276 P.3d 422, 430-31 (Alaska 2012). 14 The guardian ad litem suggests that this appeal is moot because AS 25.23.140(b) bars collateral attacks on adoptions that occurred more than one year ago and the grandmother adopted the children in July 2020.
Rule Authority · Alaska
Servs., Office of Children’s Servs., 276 P.3d 422, 430 (Alaska 2012); see also 25 C.F.R. §§ 23.101 -.144 (2019) (clarifying minimum federal standards for implementing ICWA); U.S. DEP’T OF THE INTERIOR, GUIDELINES FOR IMPLEMENTING THE INDIAN CHILD WELFARE ACT 61 (2016) (“The court retains the discretion to find that good cause does not exist . . . even where one or more of the listed factors for good cause is present.”). -5- 1788 IV.
Rule Authority · Alaska
Servs., Office of Children’s Servs., 276 P.3d 422, 430 (Alaska 2012) (quoting D.M. v. State, Div. of Family & Youth Servs., 995 P.2d 205, 207 (Alaska 2000)). 7 Ebli v. State, Dep’t of Corr., 451 P.3d 382, 387 (Alaska 2019). 8 Burnett I, 389 P.3d at 32-33 . -7- 7479 “the issue is whether GEICO may owe an independent duty as framed by the Supreme Court under § 323.” Burnett contends, however, that because he “established all the facts set forth as recognized in the [Burnett I]…
quoting D.M. v. State, Div. of Family & Youth Servs., 995 P.2d 205, 207 (Alaska 2000)
Rule Authority · Alaska
Servs., Office of Children’s Servs., 276 P.3d 422, 430 (Alaska 2012).
Rule Authority · Alaska
Servs., Office of Children’s Servs., 276 P.3d 422, 430 (Alaska 2012).
Rule Authority · Alaska
Servs., Office of Children’s Servs., 276 P.3d 422, 430 (Alaska 2012) (“[U]nadmitted exhibits are to be afforded no weight.” (interpreting Alaska R.
“[U]nadmitted exhibits are to be afforded no weight.” (interpreting Alaska R. App. P. 210(a))
Rule Authority · Alaska
Servs., Office of Children’s Servs., 276 P.3d 422, 430 (Alaska 2012) (explaining that unadmitted exhibits, even if included in record on appeal, “are to be afforded no weight” because parties have no opportunity to challenge and respond to them). 10 See Diego K., 411 P.3d at 629-30 . 11 See Alaska R.
explaining that unadmitted exhibits, even if included in record on appeal, “are to be afforded no weight” because parties have no opportunity to challenge and respond to them
Rule Authority · Alaska
Servs., Office of Children’s Servs., 276 P.3d 422, 430 (Alaska 2012). -2- 7415 carry-on bags and luggage to be checked located about 500 feet away from where she first made contact with him.
Quote Authority · Alaska
Servs., Office of Children's Servs. , 276 P.3d 422 , 430 (Alaska 2012) ("[W]e will consider only the evidence that was admitted at the hearing.").
"[W]e will consider only the evidence that was admitted at the hearing."
green G.F. v. State (2017)
Rule Authority · Utah Ct. App.
Courts have applied. other factors in addition to those provided in the Guidelines, including the Indian child’s bonding with nonpreferred foster parents, In re Alexandria P., 228 Cal.App.4th 1322 , 176 Cal.Rptr.3d 468, 494 (2014), preservation of sibling relationships, Fresno County Dep’t of Children & Family Services v. Superior Court, 122 Cal.App.4th 626 , 19 Cal.Rptr.3d 155, 169 (2004), and the best interests of the child, Paula E. v. Department of Health & Social Servic…
green In re P.F. (2017)
Rule Authority · Utah Ct. App.
Courts have applied other factors in addition to those provided in the Guidelines, including the Indian child’s bonding with nonpreferred foster parents, In re Alexandria P., 176 Cal. Rptr. 3d 468, 494 (Cal. Ct. App. 2014), preservation of sibling relationships, Fresno County Dep't of Children & Family Services v. Superior Court, 19 Cal. Rptr. 3d 155, 169 (Cal. Ct. App. 2004), and the best interests of the child, Paula E. v. Department of Health & Social Services, Office of …
green G.F. v. State (2017)
Rule Authority · Utah Ct. App.
Courts have applied. other factors in addition to those provided in the Guidelines, including the Indian child’s bonding with nonpreferred foster parents, In re Alexandria P., 228 Cal.App.4th 1322 , 176 Cal.Rptr.3d 468, 494 (2014), preservation of sibling relationships, Fresno County Dep’t of Children & Family Services v. Superior Court, 122 Cal.App.4th 626 , 19 Cal.Rptr.3d 155, 169 (2004), and the best interests of the child, Paula E. v. Department of Health & Social Servic…
Rule Authority · Alaska
Servs., Office of Children’s Servs., 276 P.3d 422, 433 (Alaska 2012) (quoting D.M. v. State, Div. of Family & Youth Servs., 995 P.2d 205, 212 (Alaska 2000)). 14 Payton S., 349 P.3d at 168 (citing Paula E., 276 P.3d at 433 ). -10- 1641 own statement to Kuehn regarding Trudy’s presence in the home during the stabbing.
quoting D.M. v. State, Div. of Family & Youth Servs., 995 P.2d 205, 212 (Alaska 2000)
Rule Authority · Alaska
Servs., Office of Children’s Servs., 276 P.3d 422, 433 (Alaska 2012) (footnote omitted) (quoting D.M. v. State, Div. of Family & Youth Serv’s., 995 P.2d 205, 212 (Alaska 2000)). 14 .
footnote omitted
Rule Authority · Alaska
Servs., Office of Children's Servs., 276 P.3d 422, 433 (Alaska 2012). 27 .
Rule Authority · Alaska
Servs., Office of Children's Servs., 276 P.3d 422, 436 (Alaska 2012)) (internal quotation marks omitted). 21 .
Rule Authority · Alaska
Servs., Office of Children's Servs., 276 P.3d 422, 433 (Alaska 2012) (citations omitted) (quoting D.M. v. State, Div. of Family & Youth Servs., 995 P.2d 205, 212 (Alaska 2000)). 44 .
citations omitted
Rule Authority · Alaska
Servs., 276 P.3d 422, 436 (Alaska 2012). 11 .
Quote Authority · Alaska
Servs., 276 P.3d 422, 430 (Alaska 2012) ("[Wle will consider only the evidence that was admitted at the hearing."). 16 .
"[Wle will consider only the evidence that was admitted at the hearing."
Quote Authority · Alaska
Servs., Office of Children's Servs., 276 P.3d 422, 433 (Alaska 2012) ("Although the due process analysis is a flexible and contextual one focusing on the interest and not the outcome, there must be some actual prejudice under the second prong and not merely the 'theoretical possibility of prejudice.' "). 42 .
"Although the due process analysis is a flexible and contextual one focusing on the interest and not the outcome, there must be some actual prejudice under the second prong and not merely the 'theoretical possibility of prejudice.' "
Quote Authority · Alaska
Servs., Office of Children’s Servs., 276 P.3d 422, 433 (Alaska 2012) (“Although the due process analysis is a flexible and contextual one focusing on the interest and not the outcome, there must be some actual prejudice under the second prong and not merely the ‘theoretical possibility of prejudice.’ ”). 42 D.M. v. State, Div. of Family & Youth Servs., 995 P.2d 205, 212 (Alaska 2000). 43 It may be a better practice to provide parties a copy of the proposed decision and allow…
“Although the due process analysis is a flexible and contextual one focusing on the interest and not the outcome, there must be some actual prejudice under the second prong and not merely the ‘theoretical possibility of prejudice.’ ”
green McCarter v. McCarter (2013)
Rule Authority · Alaska
Servs., Office of Children's Servs., 276 P.3d 422, 436 (Alaska 2012) (quoting Duffus v. Duffus, 72 P.3d 313, 319 (Alaska 2003)). 10 .
quoting Duffus v. Duffus, 72 P.3d 313, 319 (Alaska 2003)
Rule Authority · Alaska
Servs., Office of Children's Servs., 276 P.3d 422, 430 (Alaska 2012); In re Adoption of Bernard A., 77 P.3d 4, 8 (Alaska 2003); C.L., 17 P.3d at 775 ; In re Adoption of F.H., 851 P.2d at 1365 . 110 .
Rule Authority · Alaska
Servs., Office of Children’s Servs., 276 P.3d 422, 436 (Alaska 2012). -11- 1455 equal protection and due process.
green Swaney v. Granger (2013)
Rule Authority · Alaska
Servs., Office of Children's Servs., 276 P.3d 422, 436 (Alaska 2012) (internal quotation marks and citation omitted). 13 .
internal quotation marks and citation omitted