K.H. (Mother) v. State of Alaska, DFCS, OCS

── K.H. (Mother) v. State of Alaska, DFCS, OCS ── Case No.: S19489 Court: Alaska Supreme Court Date: March 11, 2026 Category: General NOTICE Memorandum decisions of this court do not create legal precedent. A party wishing to cite such a decision in a brief or at oral argument should review Alaska Appellate Rule 214(d). THE SUPREME COURT OF THE STATE OF ALASKA KENDALL H., ) ) Supreme Court No. S-19489 Appellant, ) ) Superior Court No. 3AN-23-00186 CN v. ) ) MEMORANDUM OPINION STATE OF ALASKA, DEPARTMENT ) AND JUDGMENT* OF FAMILY & COMMUNITY ) SERVICES, OFFICE OF CHILDREN’S ) No. 2136 – March 11, 2026 SERVICES, ) ) Appellee. ) ) Appeal from the Superior Court of the State of Alaska, Third Judicial District, Anchorage, Ian Wheeles, Judge. Appearances: Megan M. Rowe, Alaska Legal Drafting, Anchorage, for Appellant. Jennifer Teitell, Assistant Attorney General, Anchorage, and Stephen J. Cox, Attorney General, Juneau, for Appellee. Paul F. McDermott, Assistant Public Advocate, and James Stinson, Public Advocate, Anchorage, for Guardian Ad Litem. Before: Carney, Chief Justice, and Borghesan, Henderson, Pate, and Oravec, Justices. * Entered under Alaska Appellate Rule 214.  INTRODUCTION A mother appeals the termination of her parental rights, challenging the superior court’s findings and also suggesting that the court violated her right to due process. Because we observe no error in the superior court’s rulings, we affirm. FACTS AND PROCEEDINGS Kendall H. and Aidan D. are the parents of Roger, born in March 2022.1 Roger is an Indian child within the meaning of the Indian Child Welfare Act (ICWA) because he is eligible to be enrolled in the Tribe and is the biological child of a member of the Tribe.2 The Office of Children’s Services (OCS) had multiple contacts with Kendall and Aidan during 2022 and 2023. OCS substantiated a report of substance abuse during Kendall’s pregnancy with Roger in February 2022, and Roger experienced withdrawal symptoms following his birth due to in utero substance exposure. Aidan also reported daily use of controlled substances during this time. In response to these circumstances, OCS created an in-home safety plan for both parents. OCS received reports in May 2023 that Kendall was leaving Roger in the care of relatives for long periods of time without providing a plan, information about her whereabouts, or resources to care for him. At that time, Roger was living with his paternal grandmother, Sara D. OCS arrived at Sara’s home and found Aidan and Roger there. Sara told OCS she had been Roger’s primary caregiver for the previous 18 1 We use pseudonyms for all family members to protect their privacy. To protect the family members’ privacy, we also avoid identifying Roger’s tribe and reference it as “the Tribe.” The Office of Children’s Services began collaborating with the Tribe to enroll Roger during the summer of 2023. 2 See 25 U.S.C. § 1903(4) (defining “Indian child” as “any unmarried person who is under age eighteen and is either (a) a member of an Indian tribe or (b) is eligible for membership in an Indian tribe and is the biological child of a member of an Indian tribe”). -2- 2136 months and had concerns about Aidan’s drug use and Kendall’s lack of contact with Roger. During this contact with OCS, Aidan admitted he was still using controlled substances and expressed