In re Baron W.

FAMILY LAW

Megan Mason Dister

In In re Baron W., 498 P.3d 1045 (Alaska 2021), the supreme court held that the removal of a guardian is not a termination of parental rights nor a foster care placement under the Indian Child Welfare Act (ICWA), 21 U.S.C. §1912, and the standard used for removal of guardians of incapacitated persons applies to the removal of guardians of minors. (Id. at 1050–52). The state appointed the grandmother of an Indian child as the child’s guardian, but after drug use and other issues the superior court terminated the grandmother’s guardianship. (Id. at 1047). The grandmother appealed arguing the termination violated the ICWA because the state had not made active efforts to reunite the child with his family and the child would be substantially harmed if he was not returned to the grandmother. (Id. at 1050). She also argued the lower court abused its discretion in finding the child’s best interest was to remove her as guardian. (Id. at 1051). The supreme court affirmed, reasoning the requirements under the ICWA §1912 requiring active efforts to reunite the child with her family and serious harm from continued custody did not apply here because these sections only apply to termination of parental rights and foster care placement. (Id. at 1050). The grandmother was a guardian, not a parent nor a foster care placement, so the requirements under the ICWA §1912 do not apply. (Id. at 1050–51). Additionally, the superior court did not abuse its discretion because the standard for removal of guardians of incapacitated persons applied to the removal of guardians of minors and the superior court properly applied this standard. (Id. at 1052–54). Affirming the lower court’s decision, the supreme court held that the removal of a guardian is not a termination of parental rights nor a foster care placement under the Indian Child Welfare Act (ICWA), 21 U.S.C. §1912, and the standard used for removal of guardians of incapacitated persons applies to the removal of guardians of minors. (Id. at 1050–52).

 

 

 

 

 

In re Baron W.

FAMILY LAW

Megan Mason Dister

In In re Baron W., 498 P.3d 1045 (Alaska 2021), the supreme court held that the removal of a guardian is not a termination of parental rights nor a foster care placement under the Indian Child Welfare Act (ICWA), 21 U.S.C. §1912, and the standard used for removal of guardians of incapacitated persons applies to the removal of guardians of minors. (Id. at 1050–52). The state appointed the grandmother of an Indian child as the child’s guardian, but after drug use and other issues the superior court terminated the grandmother’s guardianship. (Id. at 1047). The grandmother appealed arguing the termination violated the ICWA because the state had not made active efforts to reunite the child with his family and the child would be substantially harmed if he was not returned to the grandmother. (Id. at 1050). She also argued the lower court abused its discretion in finding the child’s best interest was to remove her as guardian. (Id. at 1051). The supreme court affirmed, reasoning the requirements under the ICWA §1912 requiring active efforts to reunite the child with her family and serious harm from continued custody did not apply here because these sections only apply to termination of parental rights and foster care placement. (Id. at 1050). The grandmother was a guardian, not a parent nor a foster care placement, so the requirements under the ICWA §1912 do not apply. (Id. at 1050–51). Additionally, the superior court did not abuse its discretion because the standard for removal of guardians of incapacitated persons applied to the removal of guardians of minors and the superior court properly applied this standard. (Id. at 1052–54). Affirming the lower court’s decision, the supreme court held that the removal of a guardian is not a termination of parental rights nor a foster care placement under the Indian Child Welfare Act (ICWA), 21 U.S.C. §1912, and the standard used for removal of guardians of incapacitated persons applies to the removal of guardians of minors. (Id. at 1050–52).