A.A. v. Department of Family & Youth Servs
In A.A. v. Department of Family & Youth Servs., 982 P.2d 256, 261 (Alaska 1999), the Supreme Court of Alaska was asked to determine whether the State of Alaska had met its burden of proof that active efforts had been made to provide remedial services for an Indian family where the father was incarcerated.
The Court stated:
A parent's incarceration significantly affects the scope of the active efforts that the State must make to satisfy the statutory requirement. While "neither incarceration nor doubtful prospects for rehabilitation will relieve the State of its duty under ICWA to make active remedial efforts," the practical circumstances surrounding a parent's incarceration?the difficulty of providing resources to inmates generally, the unavailability of specific resources, and the length of incarceration--may have a direct bearing on what active remedial efforts are possible. Thus, while the State cannot ignore its ICWA duties merely because of the father's incarceration, his incarceration is a significant factor in our evaluation of the adequacy of the State's efforts in this case. Id.