In re S.D., Jr.
Alaska Supreme Court
549 P.2d 1190 (1976)
- Written by Meredith Hamilton Alley, JD
Facts
On March 7, 1975, a social worker with the Alaska Department of Health and Social Services (plaintiff) filed a dependency petition concerning four juveniles, S.D., Jr., M.D., A.D., and I.D. The petition alleged that the juveniles’ mother and father abused alcohol, causing the juveniles to miss school and depriving the children of proper parental care. The juvenile court determined that the juveniles were dependent and ordered them to remain in the state’s temporary custody until a disposition hearing. At the disposition hearing on March 14, 1975, the court announced its order: the juveniles were to reside at the Alaska Youth Village until June 1976; the state was to provide services to the mother and father to improve their ability to provide proper parental care; the juveniles could return home in June 1977 if the mother and father could show that they were prepared to provide proper parental care; and regardless of whether the juveniles returned home, the state would retain custody of the juveniles until June 1978. The mother and father appealed, arguing in part that the state had the burden of proof by a preponderance of the evidence that removing the juveniles from their home was in the juveniles’ best interests and the state failed to carry its burden.
Rule of Law
Issue
Holding and Reasoning (Boochever, C.J.)
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