Appeal
from the Superior Court of the State of Alaska, No.
4FA-13-00042 CN, Fourth Judicial District, Fairbanks, Michael
A. MacDonald, Judge.
J.
Adam Bartlett, Anchorage, for Appellant.
Laura
Fox, Assistant Attorney General, Anchorage, and Jahna
Lindemuth, Attorney General, Juneau, for Appellee.
Before: Stowers, Chief Justice, Winfree, Maassen, and Bolger,
Justices. [Carney, Justice, not participating.]
OPINION
MAASSEN, Justice.
I.
INTRODUCTION
The
superior court terminated a father's parental rights to
his daughter. He appeals the superior court's finding
that he failed to remedy the conduct and conditions that
placed his child in need of aid, arguing that he cleaned up
the family home, obtained a commercial driver's license
and a job, and passed drug tests during the pendency of the
case. He also argues that the superior court deprived him of
his right to self-representation when it denied his motion to
allow his appointed counsel to withdraw shortly before the
termination trial.
We
conclude that the superior court did not clearly err in
finding that the father did not remedy the mental health
issues that were "the root cause" of his inability
to safely parent his daughter. We also conclude that it was
not an abuse of discretion to deny the father's motion to
allow his attorney to withdraw. We therefore affirm the
superior court's judgment.
II.
FACTS AND PROCEEDINGS
A.
Facts
Matthew
H. is the father of Henrietta H. and the stepfather of Greta
W.[1]Before the Office of Children's
Services (OCS) became involved in their lives, Matthew,
Henrietta, Greta, and the children's mother, Miriam S.,
lived together in a one-room cabin. The cabin lacked
electricity, plumbing, and a water source and, according to
Henrietta and Greta, was not always heated in the winter.
Rabbits, chickens, dogs, and a cat shared the family's
living quarters. The cabin and its yard and driveway were
littered with garbage, including old appliances and
nonfunctional vehicles.
OCS
removed 7-year-old Henrietta and 13-year-old Greta from the
home in May 2013 following a report that they were being
exposed to the manufacture and use of methamphetamine. The
two girls were "severely underweight"; they
reported not having enough food at home and occasionally
having to forage for food at waste transfer sites, and they
tended to hoard food after their removal.
Neither
child was enrolled in school. Matthew and Miriam testified
that it was too hard to get the children to a bus stop,
although the local school district had offered a stipend to
help them pay for gas. The parents claimed to have
home-schooled the girls, but both were "extremely far
behind academically."
Except
for a single emergency room visit, neither child had visited
a doctor or dentist in the six years the family had lived in
Alaska. Henrietta had not received any shots since she was an
infant. Both girls had scars from untreated burns from the
stove, and Henrietta had a large untreated burn on her foot
from stepping in a pot of boiling water. Henrietta had
significant tooth decay, requiring the extraction of nine
teeth within three months of her removal from the home. She
also had an untreated scratch on her cornea; after removal
she was prescribed glasses with the hope of avoiding a
permanent loss of vision. Both girls also "had untreated
counseling and mental health needs, " and a
psychotherapist found them to be "extremely
traumatized."
Both
Henrietta and Greta also tested positive for methamphetamine
and exhibited withdrawal symptoms. They reported that Matthew
and Miriam manufactured and used methamphetamine, and they
"were able to describe how methamphetamine is made and
used."
Henrietta
reported witnessing domestic violence between Matthew and
Miriam and between Matthew and Greta; Matthew admitted to
domestic violence between himself and Miriam. After her
removal from the home Henrietta worried that Matthew might
hurt Miriam since she was no longer there "to
protect" her mother.
With
the girls in its custody, OCS struggled to develop a
relationship with Matthew, who was "suspicious" and
"hostile." A psychotherapist diagnosed him with an
anxiety disorder, possible psychotic disorder, and antisocial
personality disorder with paranoid and narcissistic traits.
He was also diagnosed with methamphetamine abuse and
marijuana dependence, though he only admits to marijuana use,
and his drug tests during OCS's involvement were negative
for methamphetamine. Matthew did not engage in substance
abuse ...