Emma D. v. Alaska
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The Office of Children’s Services (OCS) became involved with Emma D. and her newborn son, Joey, following reports from Covenant House expressing concern about Emma’s homelessness, inability to care for an infant, and feelings of depression and aggression toward Joey. Emma D. has a history of mental health issues, particularly bipolar disorder, dating back to her early childhood. OCS took the then-six-month-old Joey into emergency custody during Joey’s hospitalization for respiratory syncytial virus and dehydration, during which he was also diagnosed with supraventricular tachycardia, a heart disorder that required regular attention and treatment. OCS staff subsequently made attempts to assist Emma in obtaining regular mental health treatment in order to reunite her with Joey. OCS staff had difficulty communicating and meeting with Emma; she failed to engage in regular treatment, maintain consistent visitation with Joey, or attend her appointments with case workers and service providers. The superior court terminated Emma’s parental rights 14 months after OCS assumed emergency custody. Emma argued on appeal that OCS failed to consider adequately her mental health issues and therefore its efforts were not reasonable. She also appealed the superior court’s finding that she had failed to remedy her conduct in a reasonable time. After reviewing the record, the Supreme Court affirmed, finding no reversible error in the superior court’s decision terminating Emma’s parental rights.
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