Kiva O. v. Alaska Dept. of Health & Social Svcs.Annotate this Case
An Indian child in the custody of the Office of Children’s Services (OCS) was diagnosed with post-traumatic stress disorder and depression. The child’s psychiatrist recommended treating him with an antidepressant, with the addition of a mood stabilizer if it later became necessary. When the mother rejected the recommendation, OCS asked the superior court for authority to consent to the medications over the mother’s objection. The court granted OCS’s request. The mother appealed, arguing that the superior court failed to apply the correct standard for determining whether her fundamental constitutional rights as a parent could be overridden. The Alaska Supreme Court agreed with her in part, holding that the constitutional framework laid out in Myers v. Alaska Psychiatric Institute, 138 P.3d 238 (Alaska 2006), applied to a court’s decision whether to authorize medication of a child in OCS custody over the parent’s objection. The Supreme Court concluded that the superior court’s findings in this case regarding the antidepressant satisfied the “Myers” standard but that its findings regarding the optional mood stabilizer did not. The Court therefore affirmed in part and reversed in part the superior court’s order authorizing OCS to consent to the recommended medications.