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Blake J. v. State, Department of Health and Social Services

CIVIL PROCEDURE
Supreme Court of Alaska (2024)
Scott Tompetrini

In Blake J. v. State, 554 P.3d 430 (Alaska 2024), the supreme court held that the statute of limitations for tort claims does not toll when a child remains in the custody of the state past their 18th birthday. (Id. at 437). “Blake J.,” previously sued the Office of Children’s Services (OCS) and his adoptive mother for abuse he suffered as a child. (Id. at 433). The lower court dismissed Blake’s suit as untimely since the two-year statute of limitations for tort claims had expired. (Id. at 433–34). On appeal, Blake argued the statute of limitations should not have begun when he turned 18 because he remained in OCS custody until his 19th birthday. (Id. at 434). Blake also argued that he was entitled to an equitable tolling of the statute of limitations because of personal barriers that prevented him from bringing a timely suit. (Id. at 438). The supreme court found that Blake’s additional year in OCS custody did not prevent him from being able to pursue legal action. (Id. at 437). The court cited statutory language outlining OCS’s authority, which states that at age 18 the child inherits certain rights, including the ability to contract or enter other legal responsibilities. (Id. at 436). The court also noted that Blake had retained counsel when he turned 18 and had previously been encouraged to join another lawsuit filed by his sister, meaning he was aware of potential legal claims and deadlines. (Id. at 437). Finally, the court rejected the equitable tolling argument, stating that the barriers faced by Blake due to the process of transitioning out of state custody did not absolve him of his obligation to pursue his legal rights. (Id. at 439). Thus, the supreme court affirmed the lower court’s decision and dismissed the case, holding that the statute of limitations does not continue to toll when a child remains in OCS custody past their 18th birthday. (Id. at 440).

Blake J. v. State, Department of Health and Social Services

CIVIL PROCEDURE
Supreme Court of Alaska (2024)
Scott Tompetrini

In Blake J. v. State, 554 P.3d 430 (Alaska 2024), the supreme court held that the statute of limitations for tort claims does not toll when a child remains in the custody of the state past their 18th birthday. (Id. at 437). “Blake J.,” previously sued the Office of Children’s Services (OCS) and his adoptive mother for abuse he suffered as a child. (Id. at 433). The lower court dismissed Blake’s suit as untimely since the two-year statute of limitations for tort claims had expired. (Id. at 433–34). On appeal, Blake argued the statute of limitations should not have begun when he turned 18 because he remained in OCS custody until his 19th birthday. (Id. at 434). Blake also argued that he was entitled to an equitable tolling of the statute of limitations because of personal barriers that prevented him from bringing a timely suit. (Id. at 438). The supreme court found that Blake’s additional year in OCS custody did not prevent him from being able to pursue legal action. (Id. at 437). The court cited statutory language outlining OCS’s authority, which states that at age 18 the child inherits certain rights, including the ability to contract or enter other legal responsibilities. (Id. at 436). The court also noted that Blake had retained counsel when he turned 18 and had previously been encouraged to join another lawsuit filed by his sister, meaning he was aware of potential legal claims and deadlines. (Id. at 437). Finally, the court rejected the equitable tolling argument, stating that the barriers faced by Blake due to the process of transitioning out of state custody did not absolve him of his obligation to pursue his legal rights. (Id. at 439). Thus, the supreme court affirmed the lower court’s decision and dismissed the case, holding that the statute of limitations does not continue to toll when a child remains in OCS custody past their 18th birthday. (Id. at 440).