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Clinton R. v. State8/10/2005
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. 1222
Before: Bryner, Chief Justice, Matthews, Eastaugh, Fabe, and
I. INTRODUCTION
Clinton R. Sr., father to minor child Clint Jr., and stepfather to minor child Zeke, appeals the termination of his parental rights. Clinton challenges the superior court's findings that Clint was a child in need of aid due to abandonment, that Clinton failed to remedy the conduct that rendered Clint a child in need of aid, and that termination of Clinton's parental rights was in Clint's best interests. Although Clinton has made some efforts to comply with the case plan designed by the Office of Children's Services (OCS), his frequent disappearances from Clint's life, his inability to control his use of alcohol, and his failure to end his abusive relationship with the boys' mother, Amanda R., have caused stress and instability in the children's lives. Because the record supports the findings of the superior court, we affirm the superior court's termination of parental rights.
II. FACTS AND PROCEEDINGS
A. Factual History
Clinton R. Sr. is the biological father of Clint R., who was born on March 22, 2000. Amanda R. is Clint's mother. Amanda did not appeal OCS's termination of her parental rights to Clint or to Zeke, her child by another father. Although Clinton is not Zeke's biological father, Zeke has thought of Clinton as his father since he was a toddler. Zeke was ten months old when Clinton and Amanda first became involved in 1998. Clinton and Amanda married in July 2000, several months after Clint was born.
OCS first became involved with the family in May 2001, when it received a report that Amanda had been arrested for assaulting Clinton and for slashing a car tire when Clinton tried to leave. Clint was present at the time of the arrest, and it was noted that Amanda had been drinking. Amanda and Clinton separated soon after this incident. Amanda retained physical custody of the two boys, but Clinton visited often. In September 2001 OCS received a second report that Amanda had requested Clinton to pick up the boys from day care and did not return for three days. This apparently occurred after a second domestic violence episode where Clinton alleged Amanda injured him. In November 2001 a third report was filed with OCS that detailed drug activity in the home and discovery of a box of cocaine in a house cupboard.
Sometime prior to OCS's decision to take custody of the children, Clinton removed the boys from Amanda's home, but he returned the boys to Amanda because he thought she was not using drugs anymore. OCS decided to assume emergency custody of Clint and Zeke in December 2001, following Amanda's involvement in a bar fight. OCS was also concerned that Clinton could not protect himself or the children from Amanda. At the time OCS assumed emergency custody, Zeke was four and Clint was almost two. The children were placed with their maternal grandmother and step-grandfather.
Visitation between the children and Clinton was relatively consistent from January through August 2002. Clinton would usually visit once a week - most often on Sunday and occasionally on an additional evening during the week. But Clinton's relationship with the children's grandparents began to deteriorate, and there were several periods in the fall of 2002 and summer of 2003 when Clinton was late for or slept through his
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