Penn P. Jr. v. Alaska Dept. of Health & Soc.SrvsAnnotate this Case
The Alaska Office of Children’s Services (OCS) took custody of a newborn child due to concerns about the parents’ drug use and the father’s history of sexual abuse. The mother later voluntarily relinquished her parental rights, and after a trial, the superior court terminated the father’s rights. The father appealed the termination order, arguing: (1) the order improperly relied on drug-treatment records that were not admitted at trial; and (2) in proposing a new process to govern a parent’s claim of ineffective assistance of counsel, he established a prima facie case of ineffective assistance and the Alaska Supreme Court should remand the case to the superior court for an evidentiary hearing. The Supreme Court was not convinced by either argument, and affirmed the termination order because relying on the unadmitted drug-treatment records was harmless error and because the father did not show he received ineffective assistance of counsel. However, the Court took the opportunity to clarify its approach to ineffective assistance claims in child in need of aid (CINA) cases.