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Craig F. v. State5/14/2003
NOTICE Memorandum decisions of this court do not create legal precedent. See Alaska Appellate Rule 214(d). Accordingly, this memorandum decision may not be cited for any proposition of law or as an example of the proper resolution of any issue.
MEMORANDUM OPINION AND JUDGMENT
No. 1132
I. INTRODUCTION
Craig F. appeals the termination of his parental rights to his four children. Craig claims that many of the trial court's factual findings were clearly erroneous and that the evidence was insufficient to prove beyond a reasonable doubt, as required by the Indian Child Welfare Act, that continued custody by Craig would likely cause serious emotional or physical harm to the children. Because the challenged findings are not clearly erroneous and the evidence is sufficient to meet the state's burden of proof, we affirm.
II. FACTS AND PROCEEDINGS
Craig and Elaine F. are both Yup'ik Native Alaskans. They were married on February 27, 1990 and lived in Bethel. The couple had four children: Natasha (age 13), Deborah (12), Christopher (10), and Erica (5). Craig and Elaine's relationship was marked by a long history of alcohol abuse by both spouses and domestic violence by Craig.
Between 1990 and 1994 Craig was convicted of four misdemeanor assaults against Elaine. In one of these incidents, Craig allegedly struck both Elaine and baby Natasha in the face, and the officer reported that the infant appeared to have a reddened area above the right eye. In 1995 a police officer reported that five-year-old Natasha "was crying as she stated that her daddy [Craig] had hit her mommy in the face with his hand."
The Division of Family and Youth Services first became involved with the family in 1995, when it received a report alleging that Craig was physically abusing Deborah and that Craig and Elaine were neglecting the children. When the division social worker arrived at the home, Craig was in police custody for assaulting Elaine, who was too intoxicated to care for the children. Deborah, who was four years old at the time, reportedly had bruises on her legs. The division took the children into custody but released them two days later to their grandmother.
After being convicted of driving while intoxicated in 1997, Craig entered the Phillips Ayagnirvik Treatment Center in July but left treatment three days later; he evidently re-enrolled but left again after only sixteen days.
In June 1998 eight-year-old Natasha called the police, stating that her parents were intoxicated and her father was beating up her mother. The police officer who responded reported that Natasha was shaking, crying, and scared; Craig was highly intoxicated; and Elaine's lip was swollen and cut.
The following month, while Craig was in custody for assaulting Elaine, the division received a report that Elaine had been drinking and could not take care of her children. A social worker found Elaine sitting on the floor nursing two-month-old Erica. Elaine had slurred speech and was unable to stand. The children's grandmother agreed to take them until Elaine was sober. Two days later, the division received another report of alcohol-related neglect; a social worker again found Elaine intoxicated and unable to care for Erica. The other children were not in the home. The division took emergency custody of Erica but returned her to Elaine five days later.
In September 1999 Craig was convicted again for assaulting Elaine and was placed in custody at a Bethel halfway house, the Tundra Center. Soon after, on October 21, 1999, the division responded to a report that Elaine was intoxicated and neglecting her children.
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