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eBook details

• Title: C.J. v. State
• Author : Alaska Supreme Court
• Release Date : January 16, 2001
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 52 KB

Description

Finding that C.W. had abandoned his young child, J.S., the superior court terminated C.W.s parental rights. C.W. argues that termination violated the Children in Need of Aid (CINA) statute and the Americans with Disabilities Act (ADA). He claims that the State of Alaska violated the CINA statute by failing to make reasonable efforts to reunite him with his son, and violated the ADA by failing to provide alcohol treatment services that reasonably accommodated his allegedly substantial learning disability. We reject these arguments because, even assuming the state had a duty to make reasonable efforts to reunite C.W. with J.S. after he abandoned J.S., the superior court did not clearly err in finding that the state fulfilled this duty with its reasonable but fruitless attempts to contact C.W. after he had abandoned his son for three years and lost contact with all those involved in his sons CINA proceeding. Furthermore, we conclude that this abandonment finding justified termination notwithstanding any of C.W.s arguments regarding the ADA because his alleged learning disability has no bearing on the abandonment issue and he has not argued that the states efforts in contacting him were unreasonable under the ADA. We also conclude that the superior court did not clearly err by failing to incorporate visitation into its order terminating C.W.s parental rights.

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