Alaska Dept. Health & Soc. Serv, Ofc. of Child Serv. v. Zander & Kelly B. (Foster Parents)Annotate this Case
The Alaska Office of Children’s Services (OCS) took emergency custody of a three-year-old child and placed him with non-relative foster parents. The child lived with the foster parents for over a year when OCS informed them of its intent to place the child with his grandmother. The superior court allowed the foster parents to intervene in child-in-need-of-aid proceedings (CINA) to contest the placement decision. After a hearing, the court stayed the placement, concluding OCS abused its discretion in deciding the move the child with his grandmother. OCS appealed, arguing the superior court erred in staying its decision. After review, the Alaska Supreme Court concluded the superior court did not abuse its discretion by permitting the foster parents to intervene. Furthermore, the Supreme Court determined the trial court's factual findings were not clearly erroneous, and the court did not err when it decided OCS abused its discretion in its placement decision. Judgment was therefore affirmed.