FAMILY LAW
Supreme Court of Alaska (2023)
Steve Stenquist
In Blythe P. v. Department of Health & Social Services, Office of Children’s Services 524 P.3d 238 (Alaska 2023), the supreme court overturned State, Department of Health and Social Services, Office of Children’s Services v. Zander B. 474 P.3d 1153, (Alaska, 2020), holding that whenever an Office of Children’s Services (OCS) decision to transfer a child to another guardian is challenged, the reviewing court should use a clear and convincing evidence standard to test whether the transfer is clearly counter to the child’s best interest. (Blythe P., 524 P.3d at 244-52).. Blythe challenged the transfer of her child Gene out of the custody of Robert and Vivian. (Id. At 242). The superior court ruled that the transfer did not constitute an abuse of discretion and thus, upheld the transfer. (Id. at 243). Blythe appealed this decision to the supreme court. Id. The supreme court held that the superior court had used the wrong standard of review when coming to its decision. (Id. at 244-52). The court made it clear that, in every transfer of a child from one guardian to another in which it is not illegal for the child to be in the care of the previous guardian, the court should apply a clear and convincing evidence standard in determining whether the transfer is against the best interests of the child. In so doing, the supreme court overturned its ruling in Zander P. in which it used an abuse of discretion standard to review the transfer of a child from one guardian to another. (Id. at 252; Zander B., 474 P.3d at 1162). Thus, in Blythe, the supreme court held that whenever an OCS decision to transfer a child to another guardian is challenged, the reviewing court should use a clear and convincing evidence standard to test whether the transfer is clearly against the child’s interests.(Blythe P., 524 P.3d at 244-52).
