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Christopher D. v. State2/11/2004
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.
No. 1158
MEMORANDUM OPINION AND JUDGMENT
I. INTRODUCTION
This case arises out of the termination of Christopher D.'s parental rights to his twin sons, Matthew and David. Christopher D.'s substance abuse led to the repeated removal and placement of Matthew and David. After being involved with the family for seven years, the Division of Family and Youth Services petitioned to have both parents' parental rights terminated. The trial court found that termination was in the best interests of Matthew and David due to the special emotional needs of the boys. Christopher appealed the termination on the basis that a guardianship would have been a better alternative. Because the issue of guardianship was not raised in the proceedings below, and because termination of parental rights was in the children's best interests, the trial court's order terminating parental rights is affirmed.
II. FACTS AND PROCEEDINGS
A. Factual History
Matthew and David D. are twin boys who were born to Teresa C. and Christopher D. on May 15, 1995. The Division of Family and Youth Services (DFYS) first became involved with Matthew and David when they were seven months old after the Division received reports that they were physically abused by Teresa. At the meeting between the DFYS social worker and Teresa and Christopher regarding the abuse, the social worker smelled alcohol on Christopher's breath and informed Christopher of the dangers of drinking and driving.
In May 1996 the court found that DFYS could retain custody of the children for up to one year. DFYS developed a case plan requiring Christopher to obtain a substance abuse assessment, while both Christopher and Teresa were to undergo psychological evaluations and participate in parenting classes. Teresa and Christopher each participated in parenting classes.
Christopher's substance abuse problem is the primary source of danger and instability for Matthew and David. Pursuant to the initial case plan, Christopher obtained a substance abuse assessment and was referred to residential treatment in Fairbanks in 1996. Christopher participated in the one-month program although it is not clear whether he completed the program. After the program, Christopher relapsed and drove a vehicle with the boys as passengers while he was intoxicated. As a result, in October 1996 DFYS removed Matthew and David from Christopher and Teresa's home. Christopher was incarcerated for the DUI offense until February 1997. In April 1997 Christopher entered a vocational training program in Seward while the boys remained with Teresa in Delta Junction.
Sometime in late 1999 or early 2000 there was a report that Christopher forced David to eat his feces after David defecated in his diaper. The report was substantiated by David. When questioned, Christopher did not recall the incident but admitted to a trooper that he had been drinking at the time.
In March 2000 Christopher was arrested on charges of sexual abuse of minors. According to a social worker, during the investigation Christopher admitted that he smoked marijuana in front of the boys and consumed alcohol. The boys were again removed and placed in DFYS custody. DFYS placed Matthew and David with their maternal grandparents in Delta Junction. Christopher was incarcerated and released to a halfway house.
DFYS placed the boys with Christopher again in April 2001. A
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