Duke S. v. Alaska, Dept. of Health & Social Services, Office of Children's ServicesAnnotate this Case
The superior court terminated a father’s parental rights to his son, finding that the child was in need of aid because of abandonment, neglect, and the father’s incarceration and that the Office of Children’s Services (OCS) had satisfied its statutory obligation to make reasonable efforts to reunify parent and child. The father appealed, arguing these findings were unsupported by the evidence. The Alaska Supreme Court agreed with the father: the record showed he initiated efforts to visit the child, who was already in OCS custody, as soon as he learned of his possible paternity; that during the father’s subsequent incarceration he had visitation as often as OCS was able to provide it; and that OCS never created a case plan to direct the father’s efforts toward reunification. The Supreme Court concluded it was clear error to find that the child was in need of aid and that OCS made reasonable efforts toward reunification, and reversed the termination decision.