Maxine B. v. State of Alaska, Department of Family & Community Services, Office of Children's Services

── Maxine B. v. State of Alaska, Department of Family & Community Services, Office of Children's Services ── Court: Alaska Supreme Court Date: April 22, 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 MAXINE B., ) ) Supreme Court No. S-19470 Appellant, ) ) Superior Court Nos.: v. ) 1JU-23-00016/00017 CN ) (Consolidated) STATE OF ALASKA, DEPARTMENT ) OF FAMILY & COMMUNITY ) MEMORANDUM OPINION SERVICES, OFFICE OF CHILDREN’S ) AND JUDGMENT* SERVICES, ) ) No. 2143 – April 22, 2026 Appellee. ) ) Appeal from the Superior Court of the State of Alaska, First Judicial District, Juneau, Larry R. Woolford, Judge. Appearances: Chris Peloso, Law Offices of Chris Peloso, Juneau, for Appellant. Mary Ann Lundquist, Senior Assistant Attorney General, Fairbanks, and Stephen J. Cox, Attorney General, Juneau, for Appellee. Before: Borghesan, Henderson, Pate, and Oravec, Justices. [Carney, Chief Justice, not participating.] INTRODUCTION The superior court terminated a mother’s parental rights after finding that she posed a substantial risk of harm to her child due to her alcohol abuse. The court * Entered under Alaska Appellate Rule 214. found by clear and convincing evidence that the Office of Children’s Services (OCS) had made reasonable efforts to offer the mother rehabilitative services designed to help her become a safe parent. But it found that despite these efforts, the mother failed to remedy her alcohol abuse within a reasonable time, so it was in the child’s best interests to terminate her parental rights. The mother appeals the termination order. She challenges the court’s rulings that OCS made reasonable efforts and that she failed to remedy her conduct. We see no error in these rulings and affirm the termination order. FACTS AND PROCEEDINGS A. Initial OCS Involvement Maxine B. is the mother of Duffy, who was 12 years old when the termination order was issued. 1 In late 2022 OCS received reports of harm involving Maxine and her children that led OCS to investigate. In January 2023, following a report that Maxine had, while intoxicated, assaulted another family member in Duffy’s presence, OCS obtained Maxine’s agreement to an out-of-home safety plan. This plan required Maxine to leave the family home, with Duffy remaining there in the care of his adult brother. OCS’s concerns persisted, and it petitioned to adjudicate Duffy a child in need of aid in March 2023. The petition was granted, and in May or June 2023 OCS removed Duffy from the home and placed him with his paternal grandfather. B. Reunification Efforts OCS started making efforts to help the family in connection with the January 2023 safety plan. The plan identified concerns about Maxine drinking to intoxication and the resulting violent altercations. The initial caseworker offered help with transportation, gave Maxine applications for substance abuse treatment, and referred her to a mental health provider for a behavioral assessment. Despite these efforts, Maxine did not enter into treatment programs or complete an assessment. 1 We use pseudonyms to protect the family’s privacy. Additionally, we note that Maxine has children other than Duffy who are not involved in this case. -2-