Previous post here.
New M-letter here.
Nice job, (Principal Deputy) Solicitor Anderson.
OCS correctly points out that “inadequate efforts in one period of state involvement do not render the entirety of [its] efforts inadequate, even when that period lasts for a matter of months.”28 And the superior court correctly found that OCS had made active efforts to reunify Clark and his children during the first two years of the case. But OCS’s failure to make adequate efforts in this case encompassed the subsequent two years, fully half of the time that the case was open. And its failure during that two year time period was extreme: OCS did not even attempt to contact Clark for a year and a half, and may have gone even longer without doing so if Clark had not initiated contact himself. OCS’s failure to make active efforts in the second two years of the case was so egregious that the efforts during the earlier period cannot make up for it. Because OCS’s efforts to reunite Clark with his family following his consent to guardianship were minimal at best, we reverse the superior court’s finding that OCS met the active efforts requirement.
Clark J. v. Dep’t of Health & Soc. Servs., Off. of Children’s Servs., No. S-17797, 2021 WL 1232066, at *7 (Alaska Apr. 2, 2021)
Here (the remainder of the briefs are on the Yellen v. Chehalis backgrounds materials page):
Here are the merits briefs:
Amicus Briefs Supporting Petitioners:
Amicus Briefs Supporting Respondents:
Cert Stage Briefs
D.C. Circuit materials:
District Court materials:
Here is the petition in Mnuchin v. Confederated Tribes of the Chehalis Reservation:
Whether Alaska Native regional and village corporations established pursuant to the Alaska Native Claims Settlement Act are “Indian Tribe[s]” for purposes of the CARES Act, 42 U.S.C. 801(g)(1).
The Alaska Native Corps petition is here.
Lower court materials here.