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J.J. v. STATE, DOHSS

No. S-9902.

38 P.3d 7 (2001)

J.J., Appellant, v. STATE of Alaska, DEPARTMENT OF HEALTH & SOCIAL SERVICES, DIVISION OF FAMILY & YOUTH SERVICES, Appellee.

Supreme Court of Alaska.

December 24, 2001.

Attorney(s) appearing for the Case

Guy Kerner, Assistant Public Defender, Barbara K. Brink, Public Defender, Anchorage, for Appellant.

Mary A. Gilson, Vennie E. Nemecek, Assistant Attorneys General, Anchorage, Bruce M. Botelho, Attorney General, Juneau, for Appellee.

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

OPINION

MATTHEWS, Justice.

I. INTRODUCTION

J.J. appeals the superior court's termination of her parental rights to her son and daughter. Because it was error to find that continued custody with J.J. is likely to result in serious emotional or physical damage to the children, we reverse.

II. FACTS AND PROCEEDINGS

On February 22, 1998, J.J. left her four-year old daughter and two-year old son at home alone while she and her...

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