Justia Native American Law Opinion Summaries

Articles Posted in Alaska Supreme Court
by
In this case, the Supreme Court of Alaska ruled on the legal process applying to the Office of Children's Services (OCS) when it seeks to admit a child in its custody to a hospital for psychiatric care. The case centered on a minor named Mira J., a member of the Native Village of Kwinhagak (the Tribe), who was placed in OCS custody and hospitalized for 46 days for psychiatric treatment without a hearing to determine if the hospitalization was justified.The Tribe argued that her hospitalization should have been governed by the civil commitment statutes or, alternatively, that the constitution did not permit OCS to hospitalize a child for such a long time without a court hearing to determine whether the hospitalization was justified. The court rejected the Tribe's statutory argument but agreed that Mira's due process rights under the Alaska Constitution were violated.The court held that while OCS was not required to follow the civil commitment statutes when admitting Mira to either hospital, due process required OCS to promptly notify parties to the child in need of aid (CINA) case when admitting a child to the hospital for psychiatric care. Further, due process required the court to hold a hearing as soon as reasonably possible to determine whether the hospitalization was justified. The court held that the 46-day wait between Mira's first admission to the hospital and the hearing was too long to satisfy due process, and thus reversed the lower court's order authorizing Mira's continued hospitalization. View "Native Village of Kwinhagak v. State of Alaska" on Justia Law

by
In this case, the Sitka Tribe of Alaska challenged the State of Alaska's management of a commercial fishery, arguing that it harmed a subsistence fishery. The tribe argued that the state violated the subsistence priority statute and the common use and sustained yield clauses in the Alaska Constitution. The tribe also claimed that the state was misinterpreting a regulation controlling the fishery and sought a preliminary injunction to prevent the state from managing the fishery according to that interpretation during the upcoming season. The superior court denied the preliminary injunction.The tribe eventually won on its statutory and regulatory claim, but the superior court denied its constitutional claim and its request for attorney’s fees. The tribe appealed to the Supreme Court of Alaska.The Supreme Court of Alaska affirmed the superior court’s decisions. It held that the hard look doctrine, requiring agencies to consider all relevant information, already existed and there was no need to create a constitutional requirement not in the plain language of Article VIII, Section 4 of the Alaska Constitution. The court also declined to review the tribe’s motion for a preliminary injunction under the public interest exception, as the issue was moot and did not justify application of the public interest exception. Lastly, the court held that the superior court did not abuse its discretion by declining to award attorney’s fees as the tribe had not shown that the superior court's decision was arbitrary, capricious, manifestly unreasonable, or stemmed from an improper motive. View "Sitka Tribe of Alaska v. State of Alaska" on Justia Law

by
In this case, the Supreme Court of the State of Alaska dealt with an appeal against the termination of parental rights of two parents, Elena F. and Ronan F., by the State of Alaska, Department of Family & Community Services, Office of Children’s Services. The Office of Children’s Services (OCS) had removed the two Indian children from their parents' home due to reported domestic violence and later terminated both parents' rights after two years. The parents appealed, arguing that OCS failed to make active efforts to reunify the family.The court found that the OCS made active efforts to reunify Elena with her children even in light of her serious mental illness, substance abuse, and her increasingly violent threats and behavior. As such, the court affirmed the termination of Elena's parental rights.However, the court found that the OCS did not make active efforts to reunify Ronan with his children. The court noted that there was no evidence that two out of three caseworkers assigned to Ronan made any efforts toward his reunification with his children. Therefore, the court reversed the termination of Ronan's parental rights. View "Ronan F. v. State of Alaska" on Justia Law

by
In this case involving the State of Alaska, Department of Health & Social Services, Office of Children’s Services (OCS), the Supreme Court of the State of Alaska ruled on an appeal regarding the termination of parental rights of parents Allie P. and Jimmy E. The crux of the case revolved around the application of the Indian Child Welfare Act (ICWA), which provides specific protections for Indian children and their tribes in child custody proceedings.Allie P. and Jimmy E. had two children together and Allie had two older children from a previous relationship. All four children were removed from Allie’s custody due to her history of substance abuse. Jimmy E. claimed Alaska Native heritage and argued that his children should be considered Indian children under ICWA.The Supreme Court held that Jimmy did provide a sufficient reason to know that the two youngest children are Indian children and that OCS did not conduct a sufficient inquiry. Thus, the court vacated the termination of Jimmy’s and Allie’s parental rights as to the two youngest children and remanded for further proceedings.However, the court rejected Allie's additional challenges and affirmed the termination of her parental rights with respect to her two older children. The court found that Allie had not remedied the behavior causing her children to be in need of aid, OCS made reasonable efforts to reunite the family, and termination was in the children's best interests. View "Jimmy E. v. State of Alaska, Department of Health & Social Services, Office of Children's Services" on Justia Law

by
In a case involving the State of Alaska's Office of Children’s Services (OCS), an adult relative, Taryn M., appealed the denial of her request to have custody of an Indian child, Marcy P., who was in the custody of OCS. Marcy P. had a severe congenital disease and required a bone marrow transplant. The Supreme Court of the State of Alaska affirmed the decision of the lower court, finding that OCS had demonstrated by clear and convincing evidence that Taryn M. was an unsuitable caretaker for Marcy P. The court established that the burden of proof was on OCS to show that a preferred placement under the Indian Child Welfare Act (ICWA) was unsuitable. The evidence presented showed that Taryn M. was unwilling to abide by Marcy’s treatment plans, with instances including not following medical advice for treating fevers and not returning Marcy after a visit as planned. The court concluded that Taryn M.'s actions demonstrated clear and convincing evidence that she was an unsuitable caretaker. View "Taryn M. v. State of Alaska, Department of Family & Community Services" on Justia Law

by
removed an Alaska Native child from his mother and placed him with a relative, the child experienced suicidal ideation and checked himself into a psychiatric facility. Following a period of seemingly voluntary care, OCS requested a hearing to place the child at an out-of-state secure residential psychiatric treatment facility. The child’s Tribe intervened and challenged the constitutionality of AS 47.10.087, the manner in which evidence was received, and alleged due process violations. The child joined in some of these objections. The superior court ordered the child placed at a secure residential psychiatric treatment facility per AS 47.10.087. The Tribe, but not the child, appealed the placement decision, contending primarily that the superior court erred in proceeding under AS 47.10.087 and in making its substantive findings, and plainly erred in authorizing placement pursuant to AS 47.10.087 without addressing the Indian Child Welfare Act’s (ICWA) placement preferences. The Alaska Supreme Court found no error in the court’s application of AS 47.10.087 or its substantive findings, and thus affirmed the superior court’s placement determination. The Court expressed concern that the trial court failed to make required inquiries and findings related to ICWA’s placement preferences. However, this did not amount to plain error. The Supreme Court did not reach the Tribe’s other arguments as the Tribe has either waived them or lacked standing to raise them. View "Tuluksak Native Community v. Dept. of Health & Soc. Srvs." on Justia Law

by
Mother Miranda T. appealed the superior court’s entry of a disposition order in child in need of aid (CINA) proceedings. She contended the court erred by moving forward with an adjudication hearing without having considered her request for a review hearing on a previously stipulated temporary custody and placement arrangement. She contended the court also erred by later refusing to enforce two subsequent agreements she had reached with the Office of Children’s Services (OCS) about placements for her daughter. Furthermore, Mother contended the evidence did not support the disposition order’s predicate findings that (1) OCS had made sufficiently active efforts to reunify the family and (2) removal of the daughter from the family home was necessary to avoid harm to her. After review, the Alaska Supreme Court rejected the mother’s claims of error and affirmed the superior court’s disposition order. View "M.T. (Mother) v. State of Alaska DHSS, OCS" on Justia Law

by
Two tribes claimed to be a child’s tribe for purposes of the Indian Child Welfare Act (ICWA): The Native Village of Wales claimed the child was a tribal member; the Native Village of Chignik Lagoon claims that the child is “eligible for tribal membership.” After the superior court terminated the biological parents’ parental rights, Wales moved to transfer subsequent proceedings, including potential adoption, to its tribal court. Chignik Lagoon intervened in the child in need of aid (CINA) case, arguing that the child was not a member of Wales under Wales’s constitution and that transfer of further proceedings to the Wales tribal court was not authorized under ICWA. The superior court found that the child was a member of Wales and that Wales was the child’s tribe for ICWA purposes, and therefore granted the transfer of jurisdiction. Chignik Lagoon appealed. After review, the Alaska Supreme Court affirmed the superior court’s determination that the child was a member of Wales and that Wales was appropriately designated as the child’s tribe for ICWA purposes. The Supreme Court also concluded that, given that ruling, Chignik Lagoon lacked standing to challenge the transfer of proceedings to the Wales tribal court. View "Native Village of Chignik Lagoon v. Alaska Dept. of Health & Soc. Svcs." on Justia Law

by
The State of Alaska claimed the right under Revised Statute 2477 (RS 2477) to clear land and permit the use of boat launches, camping sites, and day use sites within an alleged 100-foot right of way centered on a road on land belonging to an Alaska Native corporation. The Native corporation sued, arguing that its prior aboriginal title prevented the federal government from conveying a right of way to the State or, alternatively, if the right of way existed, that construction of boat launches, camping sites, and day use sites exceeded its scope. After years of litigation and motion practice the superior court issued two partial summary judgment orders. It held as a matter of law that any preexisting aboriginal title did not disturb the State’s right of way over the land. It also concluded as a matter of law that the right of way was limited to ingress and egress. Because the superior court did not err when it granted the State’s motion regarding aboriginal title, the Alaska Supreme Court affirmed that grant of partial summary judgment. But because the scope of a particular RS 2477 right of way was a question of fact, the Supreme Court reversed the trial court's conclusion as a matter of law that the State’s right of way was limited to ingress and egress. View "Ahtna, Inc. v. Alaska Department of Transportation & Public Facilities, et al." on Justia Law

by
In two separate cases, an Alaska superior court decided that it could not terminate parental rights to children with alleged Indian heritage without cultural expert testimony, and that the cultural expert testimony presented was too vague and generalized to be helpful. Although it was error to construe the Alaska Supreme Court precedent to require cultural expert testimony in every ICWA case, the Supreme Court affirmed the superior court’s decision to require expert testimony based on its explanation that it could not competently weigh the evidence of harm in these cases without cultural context. And because the cultural expert testimony presented did not provide a meaningful assessment of tribal social and cultural standards and was not grounded in the facts of these particular cases, the Supreme Court held the court did not clearly err by giving the testimony no weight. The Supreme Court affirmed the superior court's decision to deny termination of parental rights in each case. View "Alaska Dept. Health & Soc. Serv. v. C.A., et al." on Justia Law