D.M. v. DFYS

No. S-8294.

995 P.2d 205 (2000)

D.M., Appellant, v. STATE of Alaska, DIVISION OF FAMILY AND YOUTH SERVICES, Appellee.

Supreme Court of Alaska.

January 14, 2000.


Attorney(s) appearing for the Case

G. Blair McCune, Deputy Public Defender, and Barbara K. Brink, Public Defender, Anchorage, for Appellant.

Richard P. Sullivan, Assistant Attorney General, Anchorage, and Bruce M. Botelho, Attorney General, Juneau, for Appellee.

Erica Kracker, Kracker Law Office, Palmer, Guardian ad Litem.

Before MATTHEWS, Chief Justice, EASTAUGH, FABE, BRYNER, and CARPENETI, Justices.


OPINION

EASTAUGH, Justice.

I. INTRODUCTION

The superior court terminated a mother's parental rights in 1997. In doing so, it relied on findings it had made in 1995, when it adjudicated the mother's children to be in need of aid. It had made those adjudication findings under the clear and convincing evidence standard, rather than the usual preponderance standard, at the state's request. Did the superior court's reliance on the those...

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