STATE v. CISSY A.

Supreme Court Nos. S-18088/18092 (Consolidated).

513 P.3d 999 (2022)

STATE of Alaska, Department of Health & Social Services, Office of Children's Services, Appellant, v. CISSY A. and Butch R., Appellees. State of Alaska, Department of Health & Social Services, Office of Children's Services, Appellant, v. Linette S. and Marquis D., Appellees, Nenana Native Village, Intervenor-Appellee.

Supreme Court of Alaska.

July 22, 2022.


Attorney(s) appearing for the Case

Mary Ann Lundquist , Senior Assistant Attorney General, Fairbanks, and Treg R. Taylor , Attorney General, Juneau, for Appellant.

Julia Bedell , Assistant Public Defender, and Samantha Cherot , Public Defender, Anchorage, for Appellees Cissy A. and Marquis D. Kristin J. Farleigh, Jason Weiner & Associates, P.C., Fairbanks, for Appellee Butch R. Christopher J. Bodle, Jason Weiner & Associates, P.C., Fairbanks, for Appellee.

Linette S. Savannah Fletcher , Alaska Legal Services Corporation, Fairbanks, and Pearl E. Pickett , Alaska Legal Services Corporation, Anchorage, for Intervenor-Appellee Nenana Native Village.

Margaret McWilliams , Assistant Public Advocate, Juneau, and James Stinson , Public Advocate, Anchorage, for Guardian Ad Litem.

Before: Winfree, Chief Justice, Maassen, Carney, Borghesan, and Henderson, Justices.


OPINION

I. INTRODUCTION

The Indian Child Welfare Act (ICWA) prohibits a state court from terminating parental rights to an Indian child unless there is proof beyond a reasonable doubt that continued custody by the parent is likely to cause serious damage to the child. This proof must include testimony by a qualified expert...

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