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O.R. v. STATE, DHSS

Nos. S-8225, S-8235.

968 P.2d 93 (1998)

O.R., Appellant, v. STATE of Alaska, DEPARTMENT OF HEALTH AND SOCIAL SERVICES, Appellee. C.R., Appellant, v. STATE of Alaska, DEPARTMENT OF HEALTH AND SOCIAL SERVICES, Appellee.

Supreme Court of Alaska.

November 27, 1998.

Attorney(s) appearing for the Case

Bethany P. Spalding, Assistant Public Defender, Fairbanks, and Barbara K. Brink, Public Defender, Anchorage, for Appellant O.R.

Robert S. Noreen, Law Office of Robert S. Noreen, Fairbanks, for Appellant C.R.

D. Rebecca Snow, Assistant Attorney General, Fairbanks, and Bruce M. Botelho, Attorney General, Juneau, for Appellee.

Thomas E. Fenton, Fairbanks, Guardian Ad Litem.

Before MATTHEWS, C.J., and COMPTON, EASTAUGH, FABE and BRYNER, JJ.

OPINION

FABE, Justice.

I. INTRODUCTION

This appeal arises out of the superior court's finding that A.R. was a child in need of aid under AS 47.10.010(a)(6) because she suffered substantial physical neglect. A.R.'s parents, C.R. and O.R., contend that subsection (6) requires the State to show both that they physically neglected A.R. and that A.R. was physically harmed by their neglect. Because we previously held in D.H. v. State...

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