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Attorney: Heather
Kendall-Miller
Case Update
On January 3, 2005 NARF helped the Villages of Tanana, Nulato, Akiak, Kalskag, Lower Kalskag and Kenaitze along with Theresa and Dan Schwietert filed a complaint against the State of Alaska, Attorney General Greg Renkes, and various state agencies challenging the policy adopted by the Attorney General of Alaska that state courts have exclusive jurisdiction over child custody proceedings involving Alaska Native children and Tribes in Alaska do not have concurrent jurisdiction to hear children's cases unless (1) the child's tribe has successfully petitioned the Department of Interior to reassume exclusive or concurrent jurisdiction under the Indian Child Welfare Act (ICWA), 25 U.S.C. 1918 or (2) a state superior court has transferred jurisdiction of the child's case to a tribal court in accordance with 26 U.S.C. 1911(b). Plaintiffs' seek a declaration that Tribes have inherent jurisdiction to initiate children's proceedings without first filing a petition to reassume jurisdiction under ICWA. On May 30, 2007 the Court issued an opinion in the Tribe's favor rejecting all of the State's arguments. After extensive briefing on the form of relief, judgment was entered. The case is now on appeal before the Alaska Supreme Court. Oral argument was heard on December 7, 2009, and a decision is pending.
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