Sarah A. v. Alaska, Dept. of Health & Social Services, Office of Children's ServicesAnnotate this Case
A mother appealed the termination of her parental rights to her son on findings of abandonment, mental injury, neglect and parental substance abuse. The mother challenged none of the superior court’s factual findings; rather, she alleged the court violated her due process rights during the termination trial by: (1) prejudging the case; (2) improperly assuming the role of a prosecutor while examining witnesses; and (3) relying on research and evidence outside the record to impeach witnesses and disregard testimony favorable to her. Asserting that the court’s actions deprived her of the right to an impartial decision-maker and amounted to structural error, she sought reversal and remand before a different judge. Although the Alaska Supreme Court agreed the court took inappropriate action with respect to witness testimony and other evidence regarding one issue at the trial, the Supreme Court concluded this did not amount to structural error and that it did not otherwise undercut the unrelated findings supporting the termination of the mother’s parental rights.