Year In Review

In re Necessity for the Hospitalization of G.L.

Posted on April 14th, 2020

In In re Necessity for the Hospitalization of G.L.,[1] the supreme court held that in involuntary commitment hearings the superior court must consider the condition of the patient at the time of the hearing for commitment, which can include evidence of past behavior or conditions likely to impact the patient’s mental or health or likelihood Continue Reading »

Matter of Lucy G.

Posted on April 14th, 2020

In Matter of Lucy G.,[1] the supreme court held that there was clear and convincing evidence that involuntary electroconvulsive therapy (“ECT”) was in catatonic patient’s best interest and that ECT was least intrusive available treatment. Lucy G., a patient diagnosed with schizophrenia, was hospitalized due to her catatonic behavior and her psychiatrist petitioned the superior Continue Reading »

Berry v. Coulman

Posted on April 14th, 2020

In Berry v. Coulman,[1] the supreme court held that the definition of “residence of the obligor,” as that term is used in the Uniform Interstate Family Support Act (UIFSA), means domicile. Following a 2011 court order, Berry was required to pay child support to Coulman monthly for their daughter. After Berry filed suit requesting sole Continue Reading »

Bill S. v. State, Department of Health & Social Services

Posted on April 14th, 2020

In Bill S. v. State, Department of Health & Social Services,[1] the Supreme Court held that clear and convincing evidence of active efforts to prevent the breakup of an Indian Family under the Indian Child Welfare Act (ICWA) must include documented efforts to provide specific assistance rather than vague and overgeneralized testimony. The Office of Continue Reading »

Brett M. v. Amanda M.

Posted on April 14th, 2020

In Brett M. v. Amanda M.,[1] the supreme court upheld the superior court’s custody decision, finding that decision did not violate the law governing custody decisions. Amanda filed for divorce from her husband, Brett. During the marriage, Amanda was the primary caregiver while Brett provided financial support. Amanda wanted to move from Juneau to Oregon Continue Reading »

Charles S. v. State

Posted on April 14th, 2020

In Charles S. v. State,[1] the supreme court held a father’s successful completion of substance abuse treatment and two years of sobriety remedied his substance abuse issues and thus reversed the trial court’s termination of parental rights order. In 2015, the Office of Child Services (“OCS”) took Charles and Marian S.’s three children into custody. Continue Reading »

Dapo v. State, Office of Children’s Services

Posted on April 14th, 2020

In Dapo v. State, Office of Children’s Services,[1] the supreme court held that although the statute of repose applied to a claim for apportionment of fault, the claim may be covered by the statute’s exceptions for gross negligence and breach of fiduciary duty. In 2000, Office of Children’s Services (OCS) placed Dapo in Lucas’s foster Continue Reading »

Dena M. v. State, Department of Health – Social Services

Posted on April 14th, 2020

In Dena M. v. State, Department of Health & Social Services,[1] the supreme court held it is not error to order termination of parental rights rather than guardianship if termination is in the child’s best interest. After the Office of Children’s Services (OCS) filed a petition to terminate parental rights, the superior court terminated the Continue Reading »

Downs v. Downs

Posted on April 14th, 2020

In Downs v. Downs,[1] the supreme court held that a spouse’s contributions to the marital estate may be considered when determining property division in a divorce proceeding. In the divorce proceeding between Errol and Deborah Downs, the superior court ordered an unequal property division in favor of Deborah. On appeal, Errol challenged the court’s property Continue Reading »

Dunn v. Jones

Posted on April 14th, 2020

In Dunn v. Jones,[1] the supreme court held it was not an abuse of discretion to calculate a parent’s annual income based on a single paystub in order to determine child support. Nicholas Ryan Dunn filed a motion to modify child support because his income had decreased. The trial court calculated his income based on Continue Reading »

Year In Review

In re Necessity for the Hospitalization of G.L.

Posted on April 14th, 2020

In In re Necessity for the Hospitalization of G.L.,[1] the supreme court held that in involuntary commitment hearings the superior court must consider the condition of the patient at the time of the hearing for commitment, which can include evidence of past behavior or conditions likely to impact the patient’s mental or health or likelihood Continue Reading »

Matter of Lucy G.

Posted on April 14th, 2020

In Matter of Lucy G.,[1] the supreme court held that there was clear and convincing evidence that involuntary electroconvulsive therapy (“ECT”) was in catatonic patient’s best interest and that ECT was least intrusive available treatment. Lucy G., a patient diagnosed with schizophrenia, was hospitalized due to her catatonic behavior and her psychiatrist petitioned the superior Continue Reading »

Berry v. Coulman

Posted on April 14th, 2020

In Berry v. Coulman,[1] the supreme court held that the definition of “residence of the obligor,” as that term is used in the Uniform Interstate Family Support Act (UIFSA), means domicile. Following a 2011 court order, Berry was required to pay child support to Coulman monthly for their daughter. After Berry filed suit requesting sole Continue Reading »

Bill S. v. State, Department of Health & Social Services

Posted on April 14th, 2020

In Bill S. v. State, Department of Health & Social Services,[1] the Supreme Court held that clear and convincing evidence of active efforts to prevent the breakup of an Indian Family under the Indian Child Welfare Act (ICWA) must include documented efforts to provide specific assistance rather than vague and overgeneralized testimony. The Office of Continue Reading »

Brett M. v. Amanda M.

Posted on April 14th, 2020

In Brett M. v. Amanda M.,[1] the supreme court upheld the superior court’s custody decision, finding that decision did not violate the law governing custody decisions. Amanda filed for divorce from her husband, Brett. During the marriage, Amanda was the primary caregiver while Brett provided financial support. Amanda wanted to move from Juneau to Oregon Continue Reading »

Charles S. v. State

Posted on April 14th, 2020

In Charles S. v. State,[1] the supreme court held a father’s successful completion of substance abuse treatment and two years of sobriety remedied his substance abuse issues and thus reversed the trial court’s termination of parental rights order. In 2015, the Office of Child Services (“OCS”) took Charles and Marian S.’s three children into custody. Continue Reading »

Dapo v. State, Office of Children’s Services

Posted on April 14th, 2020

In Dapo v. State, Office of Children’s Services,[1] the supreme court held that although the statute of repose applied to a claim for apportionment of fault, the claim may be covered by the statute’s exceptions for gross negligence and breach of fiduciary duty. In 2000, Office of Children’s Services (OCS) placed Dapo in Lucas’s foster Continue Reading »

Dena M. v. State, Department of Health – Social Services

Posted on April 14th, 2020

In Dena M. v. State, Department of Health & Social Services,[1] the supreme court held it is not error to order termination of parental rights rather than guardianship if termination is in the child’s best interest. After the Office of Children’s Services (OCS) filed a petition to terminate parental rights, the superior court terminated the Continue Reading »

Downs v. Downs

Posted on April 14th, 2020

In Downs v. Downs,[1] the supreme court held that a spouse’s contributions to the marital estate may be considered when determining property division in a divorce proceeding. In the divorce proceeding between Errol and Deborah Downs, the superior court ordered an unequal property division in favor of Deborah. On appeal, Errol challenged the court’s property Continue Reading »

Dunn v. Jones

Posted on April 14th, 2020

In Dunn v. Jones,[1] the supreme court held it was not an abuse of discretion to calculate a parent’s annual income based on a single paystub in order to determine child support. Nicholas Ryan Dunn filed a motion to modify child support because his income had decreased. The trial court calculated his income based on Continue Reading »