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A.J. v. State1/17/2003
As amended February 6, 2003.
A.J., APPELLANT,
v.
STATE OF ALASKA, DEPARTMENT OF HEALTH AND SOCIAL SERVICES, DIVISION OF FAMILY & YOUTH SERVICES, APPELLEE.
Appeal from the Superior Court of the State of Alaska, Fourth Judicial District, Fairbanks, Mary E. Greene, Judge. Superior Court No. 4FA-91-79 CP
Appearances:
Robert S. Noreen, Law Office of Robert S. Noreen, Fairbanks, for Appellant.
D. Rebecca Snow, Assistant Attorney General, Fairbanks, and Bruce M. Botelho, Attorney General, Juneau, for Appellee.
Before: Fabe, Chief Justice, Matthews, Eastaugh, Bryner, and Carpeneti, Justices.
The opinion of the court was delivered by: Carpeneti, Justice
OPINION
No. 5656
I. INTRODUCTION
The State of Alaska's Division of Family and Youth Services (DFYS) has been involved with Ann Jackson and her daughters since 1987 due to Ann's chronic substance abuse problem. DFYS petitioned to terminate Ann's parental rights to her two youngest daughters, Faye and Amelia, in July 2000. Because there was sufficient evidence that Ann's substance abuse justified termination under Alaska law, we affirm the superior court's termination of Ann's parental rights.
II. FACTS AND PROCEEDINGS
A. Facts
Ann Jackson has six daughters; the youngest three all have the same father, Jefferson Simpson. The three oldest daughters are adults and live on their own. The fourth child, Janet, was seventeen at the time of the termination proceeding and was not included in the termination proceeding because she refused any placement away from her mother. The termination proceeding involved the two youngest daughters: Faye Jackson and Amelia Simpson.
The Division of Family and Youth Services became involved with the custody of the daughters for the first time in 1987, prior to the birth of Amelia. At that time DFYS took emergency custody of Sylvia and older daughter and Janet, and Faye when Ann was passed out and could not care for the children. After Ann completed a substance abuse treatment program, the girls were returned to her, and DFYS allowed its temporary custody to lapse. Ann again went through outpatient substance abuse treatment after a charge of driving while intoxicated in 1987.
In July of 1988 Ann took Sylvia to Dr. Marvin E. Bergeson to have Sylvia examined for possible sexual abuse by Jefferson. Sylvia had reported to Ann that Jefferson had touched her while she was sleeping. Dr. Bergeson found no physical evidence of abuse but found the patient history to be suspicious and advised Ann that there could be sexual abuse absent physical evidence. Ann allowed Jefferson to continue living in the house after this incident with Sylvia.
Ann took Sylvia back to Dr. Bergeson for another examination of possible sexual abuse by Jefferson in April of 1990 after Sylvia reported that Jefferson came into her room while she was sleeping and tried to pull her pants down. Ann forced Jefferson to leave the house but he returned by February of 1991. In February 1991, fearing that Jefferson had sexually abused the girls, Ann had Janet, Faye, and Amelia examined. Dr. J. Timothy Foote found that there was evidence of sexual abuse to Faye.
DFYS took emergency custody of Janet, Faye, and Amelia in May of 1991 because the custodian who was supposed to care for the girls while Ann was in a treatment program refused to do so when it appeared that Ann was still drinking and refusing to
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