Annette H. v. State

Meredith Montgomery

Withdraw and Reissue Opinion Superior Court No. 3AN-16-00615CN Before: Bolger, Chief Justice, Winfree, Stowers, Maassen, and Carney, Justices.

Having considered the State's petition for rehearing and the appellant's response,

IT IS ORDERED:

1. The Petition for Rehearing is GRANTED.

2. Opinion No. 7403 issued on August 30, 2019, is WITHDRAWN and Opinion No. 7414 is issued on October 11, 2019, in its place. The revised opinion incorporates the following changes to footnote 28.

Annette and Matthew themselves speculated during the adjudication hearing that one or more visitors to their home may have exposed Justin to methamphetamine. The parties agreed that the court could consider this evidence at the termination trial. See Carla W. v. State, Office of Children's Servs., 2008 WL 5352295 *5 (Alaska Dec. 24, 2008 (unpublished)).

Entered by direction of the court.

Clerk of the Appellate Courts

/s/_________

Meredith Montgomery cc: Supreme Court Justices

Judge Andrew Peterson

Trial Court Appeals Clerk

Publishers Distribution:

J. Adam Bartlett

The Law Office Of J. Adam Bartlett, LLC

1101 W 7th Ave

Anchorage, AK 99501-2157

Laura Wolff

Assistant Attorney General

1031 W. 4th Ave, Suite 200

Anchorage, AK 99501

Gena O'Neal

Alaska Advocacy, LLC

Box 210986

Anchorage, AK 99521