Nelson v. Jones
In Nelson v. Jones, 944 P.2d 476, 481 (Alaska. 1997), the trial court conditioned the defendant's contact with his minor child upon the defendant's completion of a sex offender treatment program. Nelson, at 478.
During the course of the program, Nelson refused to admit he committed sexual abuse against his child and treatment was terminated by the counselor. Id.
Nelson argued that although the trial court did not formally terminate his parental rights, it functionally terminated his parental rights by depriving him of all visitation with his daughter for ten years. Id. at 479.
The Nelson court held Nelson's parental rights had not been constructively terminated because the key to changing the conditions of his probation were within Nelson's control. Id. at 480.