D.H. v. State Alaska

This case concerns the appropriate standard of review for state decisions which essentially terminate a natural parents right of reasonable visitation under AS 47.10.084(c). The Department of Health and Social Services (the state) decided to allow D.H.s minor children, who had been adjudicated as children in need of aid, to move from Alaska to Alabama with their foster care family. The trial court reviewed the states decision and determined that a preponderance of the evidence showed that the move was in the childrens best interests. We conclude that the trial court applied an incorrect burden of proof. Therefore, we reverse and remand.