Theresa L., v. Alaska Dept. of Health & Soc. Svcs.
Annotate this CaseA mother ("Theresa L.") appealed the termination of her parental rights to her two youngest children. The children, teenagers at the time of the termination hearing, testified that they did not want her rights to be terminated. The trial court decided that the children were in need of aid because of mental injury and that termination was in the children’s best interests. The mother argued on appeal that the Office of Children’s Services (OCS) did not meet its burden of proving mental injury and that the trial court clearly erred in deciding that termination was in the children’s best interests because of their ages, their stated wishes, and their lack of a permanent placement. The Supreme Court issued an order reversing the trial court’s decision because OCS presented insufficient evidence that the children suffered a mental injury. This opinion explained the Court's reasoning.
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