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14 Alaska opinions name it 1 courts 1997–2026 8 in the last five years
The cases below were cited by Alaska courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Philip J. v. State, Department of Health & Social Services, Office of Children's Servicesgreen2 sentences2023Servs., Off. of Child.’s Servs., 314 P.3d 518, 527, 534 (Alaska 2013); see also Mona J., 511 P.3d at 562-65 (explaining that “a parent’s actions have a place in the court’s determination of whether OCS’s efforts satisfy the ICWA standard” and describing the “ways that a parent’s unwillingness to cooperate can impact a court’s active efforts analysis”); Sylvia L. v. State, Dep’t of Health & Soc. 2023Servs., Off. of Child.’s Servs., 314 P.3d 518, 527, 534 (Alaska 2013); see also Mona J., 511 P.3d at 562-65 (explaining that “a parent’s actions have a place in the court’s determination of whether OCS’s efforts satisfy the ICWA standard” and describing the “ways that a parent’s unwillingness to cooperate can impact a court’s active efforts analysis”); Sylvia L. v. State, Dep’t of Health & Soc. | 2 | 2 |
In Re the Adoption of Baby Boy L.red2 sentences2001However, because legal custody always exists prior to an ICWA hearing to terminate legal custody, the use of the word "continued" would be superfluous were it not to apply to some sort of pre-existing physical or emotional bond between parent and child. [23] 951 P.2d at 1214-15 . [24] 25 U.S.C. § 1902 . [25] 951 P.2d at 1215 (citing 25 U.S.C. § 1921 (stating that the higher standard of protection between federal and state law is the applicable one)). [26] 231 Kan. 199 , 643 P.2d 168, 174, 176 (1982). [27] Id. at 172, 175. 2001However, because legal custody always exists prior to an ICWA hearing to terminate legal custody, the use of the word "continued" would be superfluous were it not to apply to some sort of pre-existing physical or emotional bond between parent and child. [23] 951 P.2d at 1214-15 . [24] 25 U.S.C. § 1902 . [25] 951 P.2d at 1215 (citing 25 U.S.C. § 1921 (stating that the higher standard of protection between federal and state law is the applicable one)). [26] 231 Kan. 199 , 643 P.2d 168, 174, 176 (1982). [27] Id. at 172, 175. | 2 | 2 |
Mona J. v. State of Alaska, Department of Health & Social Services, Office of Children's Servicesgreen2 sentences2024“A parent’s actions have a place in the court’s determination of whether OCS’s efforts satisfy the ICWA standard,”19 and “[f]ailed attempts to contact the parent or obtain information from [the parent] may qualify as active efforts if the parent’s evasive or combative conduct ‘rendered provision of services practically impossible.’ ”20 Clark “rendered provision of services practically impossible”; OCS’s 19 Mona J., 511 P.3d at 562 (citing BIA GUIDELINES, supra note 16, at 43). 20 Sylvia L., 343 P.3d at 433 (quoting E.A., 46 P.3d at 990 ). -9- 2038 unsuccessful efforts to reunify Clark with his 2024“A parent’s actions have a place in the court’s determination of whether OCS’s efforts satisfy the ICWA standard,”19 and “[f]ailed attempts to contact the parent or obtain information from [the parent] may qualify as active efforts if the parent’s evasive or combative conduct ‘rendered provision of services practically impossible.’ ”20 Clark “rendered provision of services practically impossible”; OCS’s 19 Mona J., 511 P.3d at 562 (citing BIA GUIDELINES, supra note 16, at 43). 20 Sylvia L., 343 P.3d at 433 (quoting E.A., 46 P.3d at 990 ). -9- 2038 unsuccessful efforts to reunify Clark with his | 1 | 2 |
E. A. v. State, Division of Family & Youth Servicesgreen2 sentences2024“A parent’s actions have a place in the court’s determination of whether OCS’s efforts satisfy the ICWA standard,”19 and “[f]ailed attempts to contact the parent or obtain information from [the parent] may qualify as active efforts if the parent’s evasive or combative conduct ‘rendered provision of services practically impossible.’ ”20 Clark “rendered provision of services practically impossible”; OCS’s 19 Mona J., 511 P.3d at 562 (citing BIA GUIDELINES, supra note 16, at 43). 20 Sylvia L., 343 P.3d at 433 (quoting E.A., 46 P.3d at 990 ). -9- 2038 unsuccessful efforts to reunify Clark with his 2024“A parent’s actions have a place in the court’s determination of whether OCS’s efforts satisfy the ICWA standard,”19 and “[f]ailed attempts to contact the parent or obtain information from [the parent] may qualify as active efforts if the parent’s evasive or combative conduct ‘rendered provision of services practically impossible.’ ”20 Clark “rendered provision of services practically impossible”; OCS’s 19 Mona J., 511 P.3d at 562 (citing BIA GUIDELINES, supra note 16, at 43). 20 Sylvia L., 343 P.3d at 433 (quoting E.A., 46 P.3d at 990 ). -9- 2038 unsuccessful efforts to reunify Clark with his | 1 | 2 |
Sylvia v. State, Department of Health & Social Services, Office of Children's Servicesgreen2 sentences2024“A parent’s actions have a place in the court’s determination of whether OCS’s efforts satisfy the ICWA standard,”19 and “[f]ailed attempts to contact the parent or obtain information from [the parent] may qualify as active efforts if the parent’s evasive or combative conduct ‘rendered provision of services practically impossible.’ ”20 Clark “rendered provision of services practically impossible”; OCS’s 19 Mona J., 511 P.3d at 562 (citing BIA GUIDELINES, supra note 16, at 43). 20 Sylvia L., 343 P.3d at 433 (quoting E.A., 46 P.3d at 990 ). -9- 2038 unsuccessful efforts to reunify Clark with his 2024“A parent’s actions have a place in the court’s determination of whether OCS’s efforts satisfy the ICWA standard,”19 and “[f]ailed attempts to contact the parent or obtain information from [the parent] may qualify as active efforts if the parent’s evasive or combative conduct ‘rendered provision of services practically impossible.’ ”20 Clark “rendered provision of services practically impossible”; OCS’s 19 Mona J., 511 P.3d at 562 (citing BIA GUIDELINES, supra note 16, at 43). 20 Sylvia L., 343 P.3d at 433 (quoting E.A., 46 P.3d at 990 ). -9- 2038 unsuccessful efforts to reunify Clark with his | 1 | 2 |
Jw v. Rjgreen2 sentences2001However, because legal custody always exists prior to an ICWA hearing to terminate legal custody, the use of the word "continued" would be superfluous were it not to apply to some sort of pre-existing physical or emotional bond between parent and child. [23] 951 P.2d at 1214-15 . [24] 25 U.S.C. § 1902 . [25] 951 P.2d at 1215 (citing 25 U.S.C. § 1921 (stating that the higher standard of protection between federal and state law is the applicable one)). [26] 231 Kan. 199 , 643 P.2d 168, 174, 176 (1982). [27] Id. at 172, 175. 2001However, because legal custody always exists prior to an ICWA hearing to terminate legal custody, the use of the word "continued" would be superfluous were it not to apply to some sort of pre-existing physical or emotional bond between parent and child. [23] 951 P.2d at 1214-15 . [24] 25 U.S.C. § 1902 . [25] 951 P.2d at 1215 (citing 25 U.S.C. § 1921 (stating that the higher standard of protection between federal and state law is the applicable one)). [26] 231 Kan. 199 , 643 P.2d 168, 174, 176 (1982). [27] Id. at 172, 175. | 1 | 2 |
Demetria H. v. State, Dept. of Health & Social Services, Office of Children's Servicesgreen1 sentence2026Servs., Off. of Child.’s Servs., 433 P.3d 1064, 1070-71 (Alaska 2018). -11- 2136 The superior court’s reference to “reasonable” efforts is misplaced; Roger is an Indian child, and therefore OCS’s efforts must be assessed under the more demanding ICWA standard of “active efforts.”24 Nonetheless, because the question of whether agency efforts are “active” is ultimately a legal one, we are able to review the superior court’s ruling. | 1 | 1 |
Sandy B. v. State, Dept. of Health & Social Servicesgreen2 sentences2026Servs., Off. of Child.’s Servs., 216 P.3d 1180, 1188 (Alaska 2009). -9- 2131 same as a cooperative one will not likely fulfill OCS’s duty to make active efforts.20 However, we may consider a parent’s demonstrated unwillingness to engage when determining whether OCS’s efforts satisfy the ICWA standard.21 Zeke does not dispute that he was often noncooperative or nonresponsive. 2026Servs., Off. of Child.’s Servs., 216 P.3d 1180, 1188 (Alaska 2009). -9- 2131 same as a cooperative one will not likely fulfill OCS’s duty to make active efforts.20 However, we may consider a parent’s demonstrated unwillingness to engage when determining whether OCS’s efforts satisfy the ICWA standard.21 Zeke does not dispute that he was often noncooperative or nonresponsive. | 1 | 1 |
Dashiell R. v. Ocsgreen2 sentences2025Servs., Off. of Child.’s Servs., 222 P.3d 841, 850 (Alaska 2009)) (alteration in original). 18 Id. -9- 2091 Gerald is correct that his unwillingness to participate cannot be used to excuse OCS from making active efforts.19 “[W]hen a parent is unwilling to cooperate or to participate, OCS’s response must be to attempt to overcome that noncooperation.”20 But a parent’s actions “have a place in the court’s determination of whether OCS’s efforts satisfy the ICWA standard.” 21 A parent’s unwillingness to cooperate may “influence what actions qualify as active efforts.”22 We see no clear error in th 2025Servs., Off. of Child.’s Servs., 222 P.3d 841, 850 (Alaska 2009)) (alteration in original). 18 Id. -9- 2091 Gerald is correct that his unwillingness to participate cannot be used to excuse OCS from making active efforts.19 “[W]hen a parent is unwilling to cooperate or to participate, OCS’s response must be to attempt to overcome that noncooperation.”20 But a parent’s actions “have a place in the court’s determination of whether OCS’s efforts satisfy the ICWA standard.” 21 A parent’s unwillingness to cooperate may “influence what actions qualify as active efforts.”22 We see no clear error in th | 1 | 1 |
Ronald H. v. State of Alaska, DHSS, OCSgreen2 sentences2025Servs., Off. of Child.’s Servs., 490 P.3d 357, 365 (Alaska 2021). 11 Jude M. v. State, Dep’t of Health & Soc. 2025Servs., Off. of Child.’s Servs., 490 P.3d 357, 365 (Alaska 2021). 11 Jude M. v. State, Dep’t of Health & Soc. | 1 | 1 |
DAW v. Stategreen2 sentences2021ICWA heightens the requirements to qualify an expert witness.26 An expert “called to testify about issues that do not implicate different cultural norms need not have cultural expertise,” but must be qualified to testify to the question of likelihood of harm to the child.27 The expert must not be the social worker regularly assigned to the case.28 24 25 U.S.C. § 1912 (f); see also CINA Rule 18(c)(4). 25 D.A.W. v. State, 699 P.2d 340, 342 (Alaska 1985) (testimony of only one qualified witness required); see also 25 U.S.C. § 1912 (f); CINA Rule 18(c)(4). 26 Bob S. v. State, Dep’t of Health & Soc 2021ICWA heightens the requirements to qualify an expert witness.26 An expert “called to testify about issues that do not implicate different cultural norms need not have cultural expertise,” but must be qualified to testify to the question of likelihood of harm to the child.27 The expert must not be the social worker regularly assigned to the case.28 24 25 U.S.C. § 1912 (f); see also CINA Rule 18(c)(4). 25 D.A.W. v. State, 699 P.2d 340, 342 (Alaska 1985) (testimony of only one qualified witness required); see also 25 U.S.C. § 1912 (f); CINA Rule 18(c)(4). 26 Bob S. v. State, Dep’t of Health & Soc | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Alaska. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
AM v. State
green
2 sentences1997Our chief concern in remanding the ICWA issue for reconsideration was that the trial court might have determined the scope of the State’s duty to make active remedial efforts, not by consideration of A.M.’s “demonstrated lack of willingness to participate in treatment” but rather by reference to “subjective, pre-intervention criteria” relating to A.M.’s “motivation or treatment prognosis.” AM, 891 P.2d at 827 . 1997Our chief concern in remanding the ICWA issue for reconsideration was that the trial court might have determined the scope of the State's duty to make active remedial efforts, not by consideration of A.M.'s "demonstrated lack of willingness to participate in treatment" but rather by reference to "subjective, pre-intervention criteria" relating to A.M.'s "motivation or treatment prognosis." A.M., 891 P.2d at 827 . | 2 | 1997–1997 |
AA v. State
green
2 sentences2022DORSAY, THE INDIAN CHILD WELFARE ACT AND LAWS AFFECTING INDIAN JUVENILES MANUAL 157-58 (1984)). -9- 1898 requirements on his or her own.13 Courts “conduct[] an active efforts inquiry on a case-by-case basis because ‘no pat formula’ exists for distinguishing between active and passive efforts.”14 “[T]he trial court may consider all services provided during the family’s involvement with OCS.”15 Whether OCS’s efforts satisfy the ICWA standard is a mixed question of law and fact.16 “We review factual findings for clear error, reversing only if, after ‘a review of the entire record in the light mos 2022DORSAY, THE INDIAN CHILD WELFARE ACT AND LAWS AFFECTING INDIAN JUVENILES MANUAL 157-58 (1984)). -9- 1898 requirements on his or her own.13 Courts “conduct[] an active efforts inquiry on a case-by-case basis because ‘no pat formula’ exists for distinguishing between active and passive efforts.”14 “[T]he trial court may consider all services provided during the family’s involvement with OCS.”15 Whether OCS’s efforts satisfy the ICWA standard is a mixed question of law and fact.16 “We review factual findings for clear error, reversing only if, after ‘a review of the entire record in the light mos | 1 | 2022–2022 |
In the Matter of April S., a Minor
green
2 sentences2020Servs., Office of Children’s Servs., No. S-17603, 2020 WL 4497830 , at *7 (Alaska Aug. 5, 2020) (concluding that Browning was qualified as expert in child safety and development for ICWA purposes). 24 467 P.3d 1091 (Alaska 2020). 25 Id. at 1093 . 26 Id. at 1094-96 . -11- 1807 present a danger to herself and others outside of a secure residential treatment facility.”27 Justice Winfree, joined by Justice Carney, concurred, but he emphasized that it was OCS’s burden “to provide potentially relevant cultural information [that would allow] the court to properly examine the question in the context o 2020Servs., Office of Children’s Servs., No. S-17603, 2020 WL 4497830 , at *7 (Alaska Aug. 5, 2020) (concluding that Browning was qualified as expert in child safety and development for ICWA purposes). 24 467 P.3d 1091 (Alaska 2020). 25 Id. at 1093 . 26 Id. at 1094-96 . -11- 1807 present a danger to herself and others outside of a secure residential treatment facility.”27 Justice Winfree, joined by Justice Carney, concurred, but he emphasized that it was OCS’s burden “to provide potentially relevant cultural information [that would allow] the court to properly examine the question in the context o | 1 | 2020–2020 |
Doe v. State, Department of Health & Social Services, Office of Children's Services
green
2 sentences2019But “nothing in ICWA requires consideration of placement options in determining whether to terminate parental rights.”30 The requirement that termination of parental rights is in a child’s best interests is a state law requirement, not an ICWA requirement.31 The superior court therefore did not err in terminating Alfred’s parental rights. 27 See Doe, 272 P.3d at 1024 . 28 Id. (citing AS 47.10.088(i)). 29 See 25 U.S.C. § 1915 (a) (giving placement preference to a child’s extended family member). 30 Doe, 272 P.3d at 1026 (quoting Jacob W. v. State, Dep’t of Health & Soc. 2019But “nothing in ICWA requires consideration of placement options in determining whether to terminate parental rights.”30 The requirement that termination of parental rights is in a child’s best interests is a state law requirement, not an ICWA requirement.31 The superior court therefore did not err in terminating Alfred’s parental rights. 27 See Doe, 272 P.3d at 1024 . 28 Id. (citing AS 47.10.088(i)). 29 See 25 U.S.C. § 1915 (a) (giving placement preference to a child’s extended family member). 30 Doe, 272 P.3d at 1026 (quoting Jacob W. v. State, Dep’t of Health & Soc. | 1 | 2019–2019 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.