August 3, 2026
(Anchorage, AK) – On July 29, the U.S. Court of Appeals for the Ninth Circuit granted the plaintiffs’ request for voluntary dismissal of the appeal in Mary B. v. Dompeling, a class action lawsuit alleging systemic failures in the State’s child welfare system. The dismissal preserves the district court’s March 2026 order rejecting all claims against the State.
Acting Attorney General Cori Mills emphasized that while the State is encouraged by this positive outcome, Alaska continues to work toward strengthening its child welfare system. “There is always room for improvement in how we support children and families,” said Acting Alaska Attorney General Cori Mills. “But meaningful reform happens through thoughtful policy and cooperative innovation here in Alaska, not through expensive lawsuits brought by outsiders that drain already scarce public resources. Today’s dismissal preserves Alaska’s flexibility to continue pursuing creative, practical solutions to the unique child welfare challenges our state faces.”
A Better Childhood, a New York-based child advocacy organization, filed the case as a putative class action on behalf of foster children in Alaska. The lawsuit alleged constitutional and statutory claims against the Office of Children’s Services (OCS). Other states have settled similar suits prior to trial, agreeing to long-term consent decrees involving court-appointed monitors and extensive compliance obligations. Many states have spent years and millions of dollars under these burdensome oversight regimes without meaningful systemic improvements. Seeking to maintain Alaskan control over efforts to improve child welfare outcomes, the State defended the case at trial in the U.S. District Court for the District of Alaska in Aug. and Sept. 2025.
During the 10-day trial, the parties presented extensive documentary evidence, and the court heard testimony from 28 witnesses, including members of the OCS leadership team, caseworkers, foster parents, former foster children, and community stakeholders. The State’s case-in-chief emphasized OCS’s ongoing work to address challenges like caseworker turnover and the limited availability of behavioral health services, in the context of Alaska’s uniquely challenging environment.
In March 2026, the district court ruled in favor of Alaska and issued an order dismissing all claims against the State. The court concluded that the plaintiffs failed to demonstrate that any of the named plaintiffs had suffered a constitutional or statutory injury. To the contrary, the court found that the evidence showed the named plaintiffs had received appropriate foster placements, medical and behavioral health services, and case planning while in OCS custody. The evidence also demonstrated that the named plaintiffs were not at risk of foreseeable maltreatment or unjustified institutionalization. The court therefore dismissed the action and decertified the class.
Although the plaintiffs appealed to the Ninth Circuit, they recently elected to withdraw their appeal before briefing began. The parties submitted a stipulated motion for voluntary dismissal, which the Ninth Circuit granted, bringing the litigation to a close.
AG Mills also recognized the dedication of OCS caseworkers and leadership. “OCS workers carry out demanding, complex work every day,” Mills said. “They navigate limited resources, workforce shortages, and the difficulties of frequent travel to and from remote communities, yet remain deeply committed to protecting Alaska’s children, supporting families, and partnering with Tribes. Their work is essential, often unseen, and frequently thankless, but they persevere despite immense challenges.”
The State will continue its efforts to improve child welfare through ongoing initiatives that reflect Alaska’s unique needs and circumstances.
For media inquiries, please contact the Office of the Attorney General, State of Alaska.
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Department Media Contact: Information Officer Sam Curtis at sam.curtis@alaska.gov or (907) 269-6269.
Due to resource constraints, we no longer post links to referenced records. Records filed in a federal court are readily available at Docket Search or PACER, and records filed in a State of Alaska court are readily available from the Alaska Court System (Trial Courts - Alaska Court System and Search for an Appellate Case). Contact Sam Curtis to request a referenced record that is not readily available from a court or on the internet, or contact law.recordsrequest@alaska.gov to submit a formal Alaska Public Records Act request.
