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Neutral Court Opinion May 06, 2026

Petra J. v. State of Alaska, Department of Family & Community Services, Office of Children's Services

── Petra J. 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: This opinion is subject to correction before publication in the PACIFIC REPORTER. Readers are requested to bring errors to the attention of the Clerk of the Appellate Courts, 303 K Street, Anchorage, Alaska 99501, phone (907) 264-0608, fax (907) 264-0878, email [email protected]. THE SUPREME COURT OF THE STATE OF ALASKA PETRA J., ) ) Supreme Court No. S-19563 Appellant, ) ) Superior Court No. 1KE-19-00019 CN v. ) ) OPINION STATE OF ALASKA, DEPARTMENT ) OF FAMILY & COMMUNITY ) No. 7808 – April 22, 2026 SERVICES, OFFICE OF ) CHILDREN’S SERVICES, ) ) Appellee. ) ) Appeal from the Superior Court of the State of Alaska, First Judicial District, Ketchikan, Daniel Doty, Judge. Appearances: Amanda J. Harber, 49th State Law, LLC, Soldotna, for Appellant. Jennifer Teitell, Assistant Attorney General, Anchorage, and Stephen J. Cox, Attorney General, Juneau, for Appellee. Rachel Espejo, Central Council of Tlingit & Haida Indian Tribes of Alaska, Juneau, for Intervening Tribe. Margaret McWilliams, Assistant Public Advocate, and James E. Stinson, Public Advocate, Anchorage, for Guardian Ad Litem. Before: Borghesan, Henderson, Pate, and Oravec, Justices. [Carney, Chief Justice, not participating.] BORGHESAN, Justice. INTRODUCTION The Indian Child Welfare Act (ICWA) requires the Office of Children’s Services (OCS) to follow a set of preferences when placing an Indian child in foster care. The top preference is a member of the child’s extended family; the next preference is a foster home approved by the child’s tribe; the third preference is an Indian foster home; and the fourth preference is an institution approved by the child’s tribe. If a higher-preference foster home exists but is not “suitable,” then OCS may place the child in a lower-preference placement. In this case OCS removed a child from her parents and placed her with a relative. But after growing concerned about the child’s health, OCS moved the child to another foster home, which was a lower-preference placement. The relative challenged the placement change. After an evidentiary hearing, the superior court found that the relative failed to get treatment for the child’s significant dental decay and failed to meet the child’s dietary needs, causing her growth to flatline. Based on these findings, the court ruled that the relative was not a suitable foster parent. Therefore, it upheld OCS’s decision to place the child in a lower-preference foster home. We affirm the superior court’s order. We see no clear error in the superior court’s factual findings. And because a foster parent who fails to meet a child’s basic dental and nutritional needs is not a suitable foster parent, the superior court did not err in upholding OCS’s decision to move the child to a lower-preference foster parent who could appropriately meet her needs. FACTS AND PROCEEDINGS A. Facts Ax̱ adée1 and her sister Jalissa were removed from their parents in 2019 when Ax̱ adée was about six months old and Jalissa was nearly three years old. Both 1 We use pseudonyms and refer to the children’s tribe generically as “the Tribe” to protect the family’s privacy. -2- 7808 are Indian children as defined by ICWA.2 After a previous foster home did not work out, OCS sought to place the children with their mother’s cousin, Petr
CourtListener · Apr 22, 2026
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