Lawsuit: Alaska OCS DENIED

“Alaska prevailed in a civil rights lawsuit brought by a class of children in its foster care system after a judge on Tuesday determined the children didn’t clear the legal threshold to bring the suit.

In a 60-page opinion, U.S. District Judge Sharon Gleason, a Barack Obama appointee, found none of the five named plaintiffs had standing to pursue their accusations of maltreatment against the state foster care system.

The class of children, represented by five named plaintiffs, accused the Alaska Department of Health and Social Services, the Alaska Office of Children’s Services and its directors of violating the Americans with Disabilities Act, violating the children’s due process rights and violating the Adoption Assistance and Child Welfare Act of 1980.

Gleason oversaw an 11-day bench trial over the summer. In granting class certification, Gleason had found then that at least one of the named plaintiffs had standing to bring each of the claims, but on Tuesday rejected the earlier finding.

The children accused the state defendants of violating their right to freedom of maltreatment while under the state’s care, right to protection from unnecessary intrusion into their emotional well-being and right to treatment and care.

“The court finds that plaintiffs failed to establish by a preponderance of the evidence that any OCS policy or practice created a substantial risk of harm to any of the named plaintiffs,” Gleason wrote.

Similarly, Gleason found the children lacked standing on their Adoption Assistance and Child Welfare Act claim. Under the act, children are entitled to written case plans ensuring their needs are met and their cases are reviewed to ensure proper placements.

“Plaintiffs presented no evidence at trial as to whether any named plaintiff had an untimely or deficient case plan,” Gleason wrote. “Plaintiffs presented no evidence at trial as to whether a termination of parental rights petition had not been timely filed and without a statutory exception as to any named plaintiff.”

The children also accused the state system of violating the ADA by placing foster children with disabilities in institutions instead of foster homes in the community. Gleason found that the named plaintiff who was placed at a treatment facility was not placed there unnecessarily nor were any of her institutionalizations prolonged.

“Because plaintiffs have failed to show that OCS practices or policies placed any named plaintiff at risk of unnecessary institutionalization, defendants are entitled to judgment on plaintiffs’ ADA and RA claim,” Gleason wrote.

Both sides have seven days until final judgment is entered to move for decertification of the class.

The lawsuit, first filed in 2022 on behalf of all children whom Alaska’s Office of Children’s Services has or will have legal custody of, sought to force Alaska to hire more case workers and to block the state “from placing any child in a congregate care setting based on the unavailability of foster home resources.”

In 2023, U.S. District Judge Joshua Kindred agreed to dismiss a few of the claims brought by the foster children but allowed most of the suit to move forward, finding at that time that the children had standing to sue and that the plaintiffs had “adequately alleged they are suffering a continuing injury or are under imminent threat of future injury. Each named plaintiff is in OCS custody and therefore cannot avoid exposure to the defendants’ challenged conduct.”

Gleason took over the case in 2024, trimming some of the claims in early 2025.

Tracy Dompeling, acting commissioner for the Alaska Department of Family and Community Services, said she was pleased with the court’s ruling.

“The court recognized the significant efforts of OCS employees, and the department remains committed to supporting their ongoing growth and strengthening the services they provide,” Dompeling said. “This verdict is not business as usual but rather an opportunity. The Office of Children’s Services will continue advancing its work with renewed focus, strengthening supports, and striving for positive outcomes for Alaska’s children, youth, and families.”

Representatives for the plaintiffs did not immediately return a request for comment.”

Judge dismisses foster kids’ suit against Alaska
[Courthouse News 3/31/26 by MONIQUE MERRILL]
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