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J.H. v. State8/31/2001
No. 5462
I. INTRODUCTION
Jane Hart's parental rights to her three-year-old daughter, Jenny, were terminated by the superior court. This case presents the questions whether the Department of Health and Social Services (the department) was estopped from petitioning for termination of Jane's parental rights and whether the trial court's factual findings supporting termination are clearly erroneous. Because the court's findings are not clearly erroneous and the evidence does not warrant estoppel and because applying estoppel against the state would in any event violate the public interests served by the termination statute, AS 47.10.088(d), we affirm the superior court's decision.
II. FACTS AND PROCEEDINGS
Jane Hart's daughter Jenny was born prematurely and tested positive for cocaine on July 26, 1996. Jane did not know who Jenny's father was. The department thus immediately took emergency custody of Jenny and placed her in a foster home, where she has continued to live throughout this litigation.
By the time Jenny was born, Jane had a long history of abusing drugs, becoming involved with abusive men, and neglecting her children. She had begun drinking alcohol at age fourteen and had become addicted to cocaine by age eighteen. Jane had repeatedly participated in drug treatment and returned to using. Three of the four sons Jane bore before giving birth to Jenny were born cocaine-exposed and Jane was not parenting any of her children when Jenny was born. Jane's two oldest sons were raised by their paternal grandmother who became their guardian. Jane's two youngest sons were adopted by other people. Two of the three fathers of Jane's sons were physically abusive to her.
The department petitioned to adjudicate Jenny as a child in need of aid. Jane stipulated that the department's petition was supported by probable cause and that Jenny could remain in the department's temporary custody pending resolution of the petition. The department immediately began providing supportive services to Jane and arranged an appointment for Jane at a drug treatment facility. Jane nevertheless persisted in her pattern of substance abuse. In August 1996, the month following Jenny's birth, Jane was arrested for felony possession of cocaine. She eventually pleaded no contest to misconduct involving a controlled substance, was sentenced to jail, and remained in a correctional setting until the summer of 1997. While in state custody, Jane received substance abuse treatment and anger management classes; the department also arranged for her to begin periodic visitation with Jenny.
While Jane was in custody she stipulated that Jenny was a child in need of aid. Upon Jane's release from custody, the department adopted a case plan that called for her to be reunited with Jenny by Jenny's second birthday, in July 1998. Jane was required to continue with substance abuse treatment and comply with several other conditions during that time. The case plan expressly provided that if she failed to comply and could not be safely reunited with Jenny by July 1998, the department would cease its reunification efforts and seek permanent placement in an adoptive home.
Soon after Jane's release from state custody -- by September 1997 -- the department implemented the plan by referring Jane to several support services for continued substance abuse treatment, acquisition of parenting skills, and working through issues related to past victimization and sexual abuse. In October 1997 the superior court issued a disposition order formally approving the department's case plan and directing Jane to comply with its requirements.
By November 1997 Ja
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