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S.H. v. STATE, DFYS

Nos. S-9932, S-9938.

42 P.3d 1119 (2002)

S.H., Appellant, v. STATE of Alaska, DEPARTMENT OF HEALTH & SOCIAL SERVICES, DIVISION OF FAMILY & YOUTH SERVICES, Appellee. R.H., Appellant, v. State of Alaska, Department of Health & Social Services, Division of Family & Youth Services, Appellee.

Supreme Court of Alaska.

March 8, 2002.

Attorney(s) appearing for the Case

Gayle J. Brown, Law Offices of Gayle Brown, Anchorage, for Appellate S.H.

J. Stefan Otterson, Law Office of Thom F. Janidlo, Anchorage, for Appellant R.H.

Jan Hart De Young, Assistant Attorney General, Anchorage, and Bruce M. Botelho, Attorney General, Juneau, for Appellee.

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

OPINION

FABE, Chief Justice.

I. INTRODUCTION

The Department of Health and Social Services, Division of Family and Youth Services (DFYS) petitioned to terminate the parental rights of S.H. and R.H. In April 1999 a DFYS social worker removed S.H.'s five children from the home after receiving a report that S.H. was using cocaine and that R.H. had returned home in violation of a restraining order. The primary issue before the superior court...

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