Legal Opinion

Diego K. and Catharine K. v. State, Dept. of Health & Social Services, Office of Children's Services

Alaska Supreme Court

Decided February 23, 2018No. 7226 S-16374PublishedCited by 9 opinions

1Opinion of the Court

CARNEY, Justice.

I. INTRODUCTION

Parents appeal from a superior court's order that the Office of Children's Services (OCS) had satisfied the Indian Child Welfare Act's (ICWA) requirements authorizing the removal of their daughter, an Indian child, from their custody. 1 Because the court relied on information that was not in evidence to make the required ICWA removal findings, 2 we vacate the order authorizing removal.

II. FACTS AND PROCEEDINGS

Diego K. and Catharine K. have a 16-year-old daughter, Mary, 3 who is an Indian child as defined by ICWA. 4 OCS took emergency custody of Mary and her…

2Cases cited8 opinions

  1. Santosky v. KramerSupreme Court of the United States · 1982
  2. Vachon v. PuglieseAlaska Supreme Court · 1996
  3. Pravat P. v. State, Department of Health & Social Services, Office of Children's ServicesAlaska Supreme Court · 2011
  4. Christina J. v. State, Department of Health & Social ServicesAlaska Supreme Court · 2011
  5. Lashbrook v. LashbrookAlaska Supreme Court · 1998

3 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. Cora G. v. State of Alaska, DHSS, OCS, Justin D. v. State of Alaska, DHSS, OCSAlaska Supreme Court · 2020
  2. In the Matter of the Necessity for the Hospitalization of Rabi R.Alaska Supreme Court · 2020
  3. Blythe P. v. State of Alaska, DHSS, OCSAlaska Supreme Court · 2023
  4. State of Alaska, Department of Family & Community Services, Office of Children's Services v. Karlie T. and Gino H.Alaska Supreme Court · 2023
  5. Penn P. Jr. v. State of Alaska, Department of Health & Social Services, Office of Children's ServicesAlaska Supreme Court · 2023

4 more not listed; retrieve them via the Exa API.

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