FAMILY LAW
Supreme Court of Alaska (2023)
Kubi Johnson
In Tuluksak Native Cmty. v. Dep’t of Health & Soc. Servs., 530 P.3d 359 (Alaska 2023), the supreme court held the Office of Children’s Services (OCS) may place an Alaskan Native child at a psychiatric treatment facility under AS 47.10.087 if the child is suffering from mental illness, no other available intervention would work, and the child’s mental health condition can improve. (Id. at 374–76).. A child experienced suicidal ideation after OCS removed the child from his mother and placed him with a relative. (Id. at 363). The superior court granted an OCS request to place the child at an out-of-state psychiatric treatment facility under AS 47.10.087. (Id. at 367). The child’s tribe intervened on evidentiary and constitutional grounds. (Id. at 363). On appeal, the supreme court found the superior court neither erred in admitting hearsay evidence and mental health professional testimony nor mismanaged discovery. (Id. at 369–70). This evidence helped OCS meet the clear and convincing standard for three elements: the child suffered from mental illness, no other intervention available would work, and the child’s mental condition could be improved. (Id. at 374–76). Finally, the supreme court ruled the tribe waived its equal protection claim and could not raise due process claims on the child’s behalf. (Id. at 379–80). Accordingly, the supreme court held OCS may place an Alaskan Native child at a psychiatric treatment facility under AS 47.10.087 if the child is suffering from mental illness, no other available intervention would work, and the child’s mental health condition can improve. (Id. at 374–76).
