Shirley M. v. Alaska Dept. of Health & Social Svcs.
Annotate this CaseShirley M. was the mother of Abigail, born in April 2010. For many years violence, prostitution, reported substance abuse, and other crimes consumed Shirley’s life. Abigail was Shirley’s fifth child: Haily was born in 2002, Daisy was born in 2003, Penny was born in 2005, and Andrew was born in 2008. In March 2004 OCS received a high priority report that the father of Shirley’s older children was abusing Haily. OCS removed the children but later returned them with in-home services and custody supervision. OCS made a referral for in-home services, including parenting training for both parents. Although the family participated in the services, OCS continued to have concerns. In June 2005 OCS considered removing the children from the home again after receiving another report that the father was abusing Haily. Shortly after Penny was born OCS petitioned to place the three children under supervision. Not long after that, Penny died due to asphyxiation. It was suspected that Shirley rolled over onto Penny when the family was sleeping in a tent in the yard at Rae’s residence. According to the social worker who saw Haily and Daisy the day they were removed from Shirley’s care, the children had low muscle tone and few speech skills. The social worker also reported that the children were generally unruly, screaming and trying to break things, and hitting and pinching each other. Shirley ultimately lost her parental rights as to her remaining children, and she appealed termination of those right, in this case, as to Abigail, on the grounds that the trial court erred in finding that: (1) Shirley failed to remedy the conduct that put Abigail at risk of harm; (2) the Office of Children’s Services (OCS) made reasonable efforts to provide services to reunify the family; (3) termination was in Abigail’s best interests; and (4) OCS did not abuse its discretion in placing Abigail with her foster parents and not her great-grandmother, Rae. Finding no reason to disturb the trial court's decision, the Supreme Court affirmed.
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