- Mona J. v. State, Department of Health & Social Services
NATIVE LAW/FAMILY LAW
Supreme Court of Alaska (2022)
Robert Bulka
In Mona J. v. State, Department of Health & Social Services, 511 P.3d 553 (Alaska 2022), the supreme court held that while a lack of parental cooperation with the Office of Children’s Services (OCS) does not justify making only passive efforts to provide remedial services to prevent Native ...
- Metlakatla Indian Community v. Dunleavy
NATIVE LAW
United States Court of Appeals, Ninth Circuit (2022)
Connor Sakati
In Metlakatla Indian Community v. Dunleavy, 48 F.4th 963 (9th Cir. 2022), the Ninth Circuit held that Alaskan fishing regulations limiting fishers from entering a fishery are inapplicable to the Metlakatla Indian Community, because these regulations would violate the community’s right to fish traditional off-reservation fishing grounds. ...
- Scudero v. State
NATIVE LAW
Emma Giusto
In Scudero v. State, 496 P.3d 381 (Alaska 2021), the supreme court held that an Alaska Native’s fishing rights did not exempt him from the State’s fishing regulations. (Id. at 383). Scudero, a member of the Metlakatla Indian Community, was charged with not having a fishing permit, fishing in closed waters, and unlawful ...
- Ahtna, Inc. v. Department of Natural Resources
NATIVE LAW
Emma Giusto
In Ahtna, Inc. v. Department of Natural Resources, 2021 Alas. LEXIS 26 (Alaska, Mar. 12, 2021), the supreme court held that (1) the Alaska Native Claims Settlement Act (ANCSA), 43 U.S.C. §§ 1601–1629h extinguished aboriginal title and retroactively validated the State’s right of way over Native land, and (2) the right of way ...
- Walker E. v. State, Department of Health & Social Services, Office of Children’s Services
NATIVE LAW, FAMILY LAW
Mary Beth Barksdale
In Walker E. v. State, Department of Health & Social Services., Office of Children’s Services, 480 P.3d 598, 607 (Alaska 2021), the supreme court upheld the termination of parental rights under the Indian Child Welfare Act (ICWA) and AS 47.10 where the Office of Children’s Services (OCS) had made sufficient ...
- Clark J. v. State, Department of Health & Social Services, Office of Children’s Services
NATIVE LAW, FAMILY LAW
Mary Beth Barksdale
In Clark J. v. State, Department of Health & Social Services, Office of Children’s Services, 483 P.3d 896 (Alaska 2021), the supreme court reversed the Superior Court’s termination of parental rights, finding clear error where the Office of Children’s Services (OCS) had failed to make active efforts to reunite Indian ...
- Peidlow v. Williams
NATIVE LAW
Kristen M. Renberg, Ph.D.
In Peidlow v. Williams,1the supreme court held that the Indian Child Welfare Act (ICWA) requires a superior court that receives a tribal court order to first determine whether the order was issued in an ICWA child custody proceeding, and if it was, to follow the full faith and credit mandate of ...
- Matter of April S.
FAMILY LAW / NATIVE LAW
Jacob Keohane
Matter of April S.
In the Matter of April S., 467 P.3d 1091 (Alaska, 2020), the supreme court ruled that an out-of-state mental health professional qualified as an expert under the Indian Child Welfare Act (ICWA), given the severity of the child’s psychiatric conditions. The ICWA requires state agencies to present ...
- Peidlow v. Williams
In Peidlow v. Williams,¹ the supreme court held that the Indian Child Welfare Act (ICWA) requires a superior court that receives a tribal court order to first determine whether the order was issued in an ICWA child custody proceeding, and if it was, to follow the full faith and credit mandate of the ICWA. The ...
- Bill S. v. State, Department of Health & Social Services
In Bill S. v. State, Department of Health & Social Services, the Supreme Court held that clear and convincing evidence of active efforts to prevent the breakup of an Indian Family under the Indian Child Welfare Act (ICWA) must include documented efforts to provide specific assistance rather than vague and overgeneralized testimony. The Office of ...
