Roy S. v. Alaksa
Annotate this Case"Jade" is the biological daughter of Roy and Sheila. Jade is an Indian child as defined in the Indian Child Welfare Act (ICWA). Between 1998 and 2007, the Office of Children's Services (OCS) received at least 12 reports of drug abuse and child neglect in the family. Before Jade's birth in September 2004, the couple's older children were transferred to OCS custody for two years. Roy and Sheila attempted to complete drug treatment programs but were unsuccessful. Sheila relapsed while pregnant with Jade; her discharge report from the treatment program indicated she tested positive for cocaine in August 2005 and stopped attending treatment sessions or contacting drug counselors in October 2005. Roy was discharged for positive drug tests and missing treatment. Since being taken into OCS custody in July 2008, Jade has lived in five separate placements. In its termination order, the superior court found that termination of parental rights was in Jade's best interests and that OCS made active efforts to prevent the breakup of the Indian family. Roy contested three of the superior court's findings: that OCS made active efforts to prevent the breakup of the family; that termination was in Jade's best interests; and that good cause existed to deviate from the ICWA placement preferences. Sheila did not appeal the superior court's decision. Upon review, the Supreme Court found that the record supported the superior court's conclusions with regard to OCS's efforts to keep the family together, and that it was in Jade's best interests to terminate Roy's parental rights.
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