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SIMMONDS v. PARKS

No. S-14103.

329 P.3d 995 (2014)

Rozella SIMMONDS and Jeff Simmonds, Petitioners, v. Edward PARKS and Bessie Stearman, Respondents, and State of Alaska, Intervenor-Respondent.

Supreme Court of Alaska.

July 18, 2014.

Attorney(s) appearing for the Case

Erin C. Dougherty , Natalie A. Landreth , Heather Kendall-Miller , and Matthew N. Newman , Native American Rights Fund, Anchorage, for Petitioners.

Jason A. Weiner , Gazewood & Weiner, P.C., Fairbanks, for Respondent Parks.

Michael J. Wenstrup , Fairbanks, for Respondent Stearman.

Mary Ann Lundquist , Senior Assistant Attorney General, Fairbanks, Julie Fields and Jacqueline Schafer , Assistant Attorneys General, Anchorage, and Michael C. Geraghty , Attorney General, Juneau, for Intervenor-Respondent.

Marguerite Humm , Holly Handler , and Sydney Tarzwell , Alaska Legal Services Corporation, Anchorage, for Amici Curiae Kenaitze Indian Tribe, Native Village of Eek, Stony River Traditional Council, Native Village of Mekoryuk, Umkumiut Tribal Council, and Tuntutuliak Traditional Council.

Before: FABE, Chief Justice, WINFREE, STOWERS, MAASSEN, and BOLGER, Justices.

OPINION

FABE, Chief Justice.

I. INTRODUCTION

The Minto Tribal Court terminated the parental rights of Edward Parks and Bessie Stearman to their daughter S.P. At the termination hearing, the attorney for Parks and Stearman was not permitted to present oral argument to the tribal court. Parks failed to file an appeal with the Minto Court of Appeals and instead brought suit against S.P.'s foster parents, the Simmondses, in the state superior...

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