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J.S. v. State

Supreme Court of Alaska
50 P.3d 388 (2002)


Facts

Jack (plaintiff), an Indian, was convicted of five counts of sexual abuse against his sons Avery, Lyle, and Carl. In response, the State of Alaska (defendant) sought to termination of Jack’s parental rights. Five experts testified, and each reached the conclusion that it was in all the boys’ best interests to remain with their foster families. The boys suffered from depression and post-traumatic stress disorder due to the abuse perpetrated by Jack. The experts testified that it would be to the boys’ detriment if they were reunited with Jack. An expert also testified that Jack’s rate of recidivism, or his propensity to repeat criminal behavior, was over 50 percent. The superior court found that Jack’s parental rights should be terminated. Jack appealed.

Rule of Law

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Issue

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Holding and Reasoning (Carpeneti, J.)

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  • A "yes" or "no" answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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