Justia Native American Law Opinion SummariesArticles Posted in Alaska Supreme Court
Alaska Dept. Health & Soc. Serv. v. C.A., et al.
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
Mona J. v. Alaska Dept. of Health & Soc. Srvcs.
The superior court terminated a mother’s parental rights to her two children. Because the children were Indian children under the Indian Child Welfare Act (ICWA), the Office of Children’s Services (OCS) was required to make active efforts to provide remedial services and rehabilitative programs designed to prevent the breakup of the family before the mother’s rights could be terminated. The superior court found clear and convincing evidence that OCS satisfied this requirement, although OCS’s efforts were ultimately unsuccessful. The mother appealed, challenging the active efforts finding. She asked the Alaska Supreme Court to overturn precedent allowing courts to consider a parent’s noncooperation and the resulting futility of OCS’s actions when determining whether OCS satisfied the active efforts standard. In the alternative, she argued that even under existing law the superior court’s active efforts finding was erroneous. After review, the Supreme Court agreed with the mother that the court erred by stating that active efforts “are dependent on [the mother’s] willingness to engage”; the active efforts inquiry depends primarily on OCS’s efforts, not the parent’s reaction to those efforts. The Court took an opportunity to clarify the extent to which a parent’s noncooperation was relevant to the active efforts analysis. "And although we disagree in part with the superior court’s approach in this case, we independently conclude that OCS’s efforts satisfy the active efforts standard," therefore affirming the termination order. View "Mona J. v. Alaska Dept. of Health & Soc. Srvcs." on Justia Law
In the Matter of the Protective Proceedings of: Baron W.
The grandmother of an Indian child was appointed as the child’s guardian. The Office of Children’s Services (OCS) took emergency custody of the child after the grandmother admitted using methamphetamine and the child tested positive for the drug. After working with the grandmother to address her drug use and other issues, OCS petitioned to terminate the grandmother’s guardianship. Following a hearing, the superior court found that termination of the guardianship was in the child’s best interests and removed the grandmother as guardian. The grandmother appealed, arguing that her removal violated the Indian Child Welfare Act (ICWA) and that termination of the guardianship was not in the child’s best interests. Finding no reversible error, the Alaska Supreme Court affirmed the superior court’s removal of the grandmother as guardian. View "In the Matter of the Protective Proceedings of: Baron W." on Justia Law
Scudero Jr. v. Alaska
A member of the Metlakatla Indian Community was convicted of several commercial fishing violations in State waters and fined $20,000. He appealed his conviction and sentence to the court of appeals, which asked the Alaska Supreme Court to take jurisdiction of the appeal because of the importance of the primary issue involved: whether the defendant’s aboriginal and treaty-based fishing rights exempted him from State commercial fishing regulations. The defendant also challenged several evidentiary rulings and the fairness of his sentence. Because the Supreme Court held the State had authority to regulate fishing in State waters in the interests of conservation regardless of the defendant’s claimed fishing rights, and because the Court concluded the trial court did not abuse its discretion in its procedural rulings, the Supreme Court affirmed the conviction. The Court also affirmed the sentence as not clearly mistaken, except for one detail on which the parties agreed: the district court was mistaken to include a probationary term in the sentence. The case was remanded for modification of the judgments to correct that mistake. View "Scudero Jr. v. Alaska" on Justia Law
Ronald H. v. Alaska, DHSS, OCS
The superior court terminated a father’s parental rights to his two children after finding them children in need of aid because of their father’s domestic violence and aggressive behavior. The children were Indian children under the Indian Child Welfare Act (ICWA). Therefore the Office of Children’s Services (OCS) was required to make active efforts to provide remedial services and rehabilitative programs designed to prevent the breakup of the family. At the termination trial, the superior court found clear and convincing evidence that OCS made active efforts but that these efforts proved unsuccessful. The father appealed, arguing only that the superior court’s active efforts finding was made in error. Finding no reversible error, the Alaska Supreme Court affirmed the termination order. View "Ronald H. v. Alaska, DHSS, OCS" on Justia Law
C.J. (Father) v. Alaska, DHSS, OCS
The Alaska Office of Children’s Services (OCS) took custody of three Indian children after reports of substance abuse and domestic violence in their mother’s home. For two years OCS was unable to contact the children’s father, who also struggled with substance abuse issues. Once OCS did contact the father, both he and the mother consented to temporarily place the children with a guardian. OCS then reduced its efforts to reunify the children with their father. Then the children’s mother died. The father was incarcerated for several months; he completed classes and substance abuse treatment. After he was released, he maintained his sobriety and began limited contact with OCS and with his children. Approximately four years after taking custody of the children, OCS moved to terminate the father’s parental rights. After the superior court terminated his rights, the father appealed, arguing OCS failed to make active efforts to reunify him with his children as required by ICWA. To this the Alaska Supreme Court concurred, and reversed the termination of his parental rights. View "C.J. (Father) v. Alaska, DHSS, OCS" on Justia Law
Ahtna, Inc. v. Alaska, Department of Transportation & Public Facilities, et al.
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, Ahtna, Inc. Ahtna 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: (1) holding as a matter of law that any preexisting aboriginal title did not disturb the State’s right of way over the land; and (2) holding as a matter of law that the right of way was limited to ingress and egress. To these orders, the Alaska Supreme Court concluded the superior court did not err, therefore affirming both grants of partial summary judgment. View "Ahtna, Inc. v. Alaska, Department of Transportation & Public Facilities, et al." on Justia Law
In the Matter of April S.
An Alaska Native teenage minor affiliated with the Native Village of Kotzebue (Tribe) was taken into custody by the Office of Children’s Services (OCS) and placed at a residential treatment facility in Utah. She requested a placement review hearing after being injured by a facility staff member. At the time of the hearing, the minor’s mother wanted to regain custody. At the hearing the superior court had to make removal findings under the Indian Child Welfare Act (ICWA), as well as findings authorizing continued placement in a residential treatment facility under Alaska law. At the hearing, the minor’s Utah therapist testified as a mental health professional. The minor, as well as her parents and the Tribe, objected to the witness being qualified as an ICWA expert, but the superior court allowed it. The minor argued the superior court erred in determining that the witness was qualified as an expert for the purposes of ICWA. Because the superior court correctly determined that knowledge of the Indian child’s tribe was unnecessary in this situation when it relied on the expert’s testimony for its ICWA findings, the Alaska Supreme Court affirmed. View "In the Matter of April S." on Justia Law
Native Village of Barrow v. Williams
At issue in consolidated appeals before the Alaska Supreme Court were the custody proceedings involving the same child before two courts of independent sovereignty: the State of Alaska and the Native Village of Barrow (NVB). A child custody case was initiated in the Utqiagvik superior court. Thereafter, NVB, through its tribal court, took custody of the child in a tribal child in need of aid (CINA) case. In 2016 the superior court ultimately denied the mother’s state court motion to modify custody. NVB sought to intervene in the state custody case, but the superior court denied its motion. The mother appealed the superior court’s denial of her motion to modify custody; NVB appealed the order denying its motion to intervene. The Alaska Supreme Court determined that under the Indian Child Welfare Act (ICWA), a superior court receiving a tribal court order to determine whether the order was issued in an ICWA-defined child custody proceeding and, if it was, was mandated to follow ICWA section 1911(d)’s full faith and credit mandate. The superior court erred in ruling that the NVB tribal court lacked jurisdiction without following the procedures underlying the process for giving full faith and credit to a tribal court order. View "Native Village of Barrow v. Williams" on Justia Law
L.B. (Mother) v Alaska, DHSS, OCS
In these separate but consolidated appeals, the issue common to both cases presented to the Alaska Supreme Court for review centered on whether new federal regulations materially changed the qualifications required of an expert testifying in a child in need of aid (CINA) case involving children subject to the Indian Child Welfare Act (ICWA). To support the termination of parental rights, ICWA required the “testimony of qualified expert witnesses . . . that the continued custody of the child by the parent or Indian custodian is likely to result in serious emotional or physical damage to the child.” Under the new federal regulations, experts who formerly could be presumptively qualified, based on their ability to testify about prevailing cultural and social standards in the child’s tribe, for example, had to also be qualified to testify about the “causal relationship between the particular conditions in the home and the likelihood that continued custody of the child will result in serious emotional or physical damage to the particular child who is the subject of the child-custody proceeding.” The Supreme Court concluded the federal regulations had materially changed an expert’s qualifications, and in these two cases, the challenged expert witnesses failed to satisfy this higher standard imposed by controlling federal law. For this reason the Alaska Supreme Court reversed the orders terminating the parents’ parental rights and remanded for further proceedings. View "L.B. (Mother) v Alaska, DHSS, OCS" on Justia Law