Alaska Native Issues
This page contains links of interest to Alaska Natives as well as others in
Alaska.
| Supreme Court asks for DOJ views on Alaska ICWA case - The
U.S. Supreme Court has
asked the Department of Justice
for the views of the federal government to help it decide whether to
accept Hogan v. Kaltag Tribal Council, a case in which Alaska
questions whether federally recognized tribes can resolve
Indian Child
Welfare Act cases, as reported by Indianz.com on April 26. In the
case, Alaska questions whether federally recognized tribes can resolve
Indian Child Welfare Act cases.
Attorney General Dan Sullivan
believes the state’s court system takes precedence over tribal court
judgments. The case involves a mother who was convicted of murder and
had a drinking problem. The father did not want anything to do with the
child. The Kaltag tribe took custody, and the child was adopted, with
the consent of all parties involved, by a Native family that lives in
Huslia. But the state’s attorney general, contending that the state’s
court system takes precedence over a tribal court, wants to put a stop
to it. Indianz.Com. In Print –
http://www.indianz.com/News/2010/019465.asp
Learn More About the Case
Supreme Court Order List:
Orders in Pending Cases (April 26, 2010)
9th Circuit Decision:
Kaltag Tribal Council v. Jackson (August 28, 2009)
Related Stories:
Alaska Native ICWA
case considered a petition to watch (4/20)
Alaska presses
Supreme Court in tribal adoption case (3/11)
Alaska attorney
general nominee has Native ties (6/17)
Failed Alaska nominee
signed land-into-trust letter (5/11)
Alaska lawmakers
reject attorney general nominee (4/17)
Editorial: Bigotry an
issue for Alaska attorney general pick (4/16)
Alaska nominee
grilled on Native rights issues (4/9)
Editorial: Alaska
nominee’s past views not an issue (4/8)
Alaska nominee won’t
discuss tribal sovereignty (4/3)
Alaska Natives oppose
state attorney general pick (4/1) |
Alaska
State Court SAMPLE Forms
The Tribal Law and Policy Institute has developed the following Alaska State
Court Sample Forms to assist Tribes filing interventions in Alaska Indian Child
Welfare Act (ICWA) cases. Forms and Directions are in Microsoft Word format.
-
Notice of Intervention
-
Directions - Notice of Intervention
-
Certificate of Mailing
-
Directions - Certificate of Mailing
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Designation of Tribal Representative
-
Directions - Designation of Tribal Representative
-
Substitution of Tribal Representative
-
Directions - Substitution of Tribal Representative
Community Facilitator's Guidebook
- The Tribal
Law and Policy Institute announced the release of Pathway To Hope: Healing Child
Sexual Abuse at the January 2008 Alaska Native Summit on Child Sexual Abuse
which was held in Anchorage, Alaska. The video was developed through funds from
the Office for Victims of Crime as a resource to Tribes receiving the Children's
Justice Act Partnerships for Indian Communities grants to address child sexual
abuse and serious child abuse. This video, which presents the voices of over 40
Native people, many of whom are survivors of child sexual abuse, and the
Community Facilitator's Guidebook
provide a
step by step process for Tribal communities to end silence about child sexual
abuse, support child victims and promote healing of those who suffered childhood
abuse. The video opens with five different languages spoken by Native elders in
Alaska as they give permission and urge attention on the issues of child sexual
abuse for the sake of our children. Due to the sensitive issues addressed by the
video and the need for guidance in using this product and the Guidebook for
community education, we welcome the opportunity to provide onsite training and
technical assistance on the use of these products.
Public Law 280 was applied to Alaska upon statehood (January 3, 1959) - see Public
Law 280 Resources for more information concerning Public Law 280.
The state of Alaska is divided into four judicial districts. You may
Download a
Judicial Venue Map or for more information and a full listing of the
Revised Venue map and
Chart of Communities refer to Criminal Rule (18(a)) on the
Courts Website.
Alaska Rural Justice Issues: a Selected Bibliography
covers research undertaken in the areas of rural governance, policing, the
courts, corrections, juvenile justice, and other areas pertinent to rural
Alaska. The volume also includes a monograph discussing rural justice issues as
revealed through the research, an index of important Alaska Native legal cases
from 1918 to the present, and maps illustrating the Alaska criminal and civil
justice system.
National Resource Center for American
Indian, Alaska Native & Native Hawaiian Elders published
Alaska Native
Elders and Abuse: Creating Harmony by Voicing Traditions of Listening
which synthesizes extended conversations with Yup'ik/Cup'ik, Athabascan, Aleut,
Inupiat, Alutiiq, and Tlingit Elders from across the state. They were asked to
express their ideas about the origin of abuse of elderly, and to share ways to
reduce and control occurrences of abuse. This report is intended for Western
practitioners, Alaska Native health organizations, and those involved in program
design and policy making.
The Alaska Native Policy Center
(Policy Center) is a project of the
First Alaskans Institute created in response to the need for a greater
Native voice in the public policy-making process. The mission of the Policy
Center is to provide Native leaders with the best available knowledge in order
that Alaska Natives be proactively involved in - and influence - the education,
economic and social policy issues that impact our future as 21st century
indigenous peoples.
When Men Murder Women
is an annual analysis of national male on female homicide statistics in single
victim/single offender situations. An updated publication is released each year
from the Violence Policy Center. The report
for 2003 came out in September. “Alaska is number one nationally in per capita
domestic violence murder of women--again,” states Judy Cordell, Executive
Director of AWAIC, the domestic violence shelter here in Anchorage. Visit the
Alaska Center for Public Policy (ACPP) Blog
for more information and statistics.
The Alaska
ICWA Tribal Directory is available online!
"Indian
Country" and the Nature and Scope of Tribal Self-Government in Alaska, by
Geoffrey D. Strommer and Stephen D. Osborne
Today Alaska Native tribes face one of their most difficult challenges since the
days of the Alaska Native Claims Settlement Act (ANCSA). Ever since the United
States Supreme Court ruled in Alaska v. Native Village of Venetie Tribal
Government, 522 U.S. 520 (1998), that ANCSA largely extinguished "Indian
country" in Alaska, and thus the tribes' territorial jurisdiction, the extent of
Alaska tribal sovereignty and authority has been shrouded in uncertainty. Using
rural justice and law enforcement as a central example, the authors demonstrate
that restoring Indian country to Alaska would promote numerous public policy
objectives, benefiting both the tribes and the State.
Resource
Guide for Parents, Caregivers, and Service Providers working with Alaska Native
Children
is a Resource Guide that was designed to provide useful and practical
information, ideas and tips to help with some of the difficult parts of the
crime of Child Abuse. In Alaska Native communities, nearly everyone is impacted
in some way by child sexual abuse in the past or currently. This Guide provides
a way to reach out, share the load and offers information to help with coping,
and to support a healing process—whether as a child, a parent or caregiver, a
service provider and in the community where people are impacted by child abuse.
Alaska
Native Self-Government and Service Delivery: What Works?
The
Native peoples of Alaska have governed themselves for far longer than either the
State of Alaska or the United States. Indeed, their rights of self-government
are properly defended as basic human rights that are not unilaterally
extinguishable by these other governments. Yet, today an assortment of questions
are being raised about key aspects of Alaska Native self-governance.
Domestic
Violence and Child Abuse: Ten Lessons Learned in Rural Alaska
is a paper
which focuses on the impact of domestic violence on child witnesses in Alaska
and explores the connection between domestic violence and child abuse; offers
recommendations for domestic violence screening in pediatric healthcare
settings;, recommends integration of programs serving domestic violence victims,
and child protection agencies, and details on Alaska Family Violence Prevention
Projects.
Alaska Native Indian Child Welfare Association
is the only Alaska tribal child welfare organization focused specifically on
engaging active tribal government participation to prevent and respond
effectively to the multitude of tribal child welfare issues collaboratively with
the state child welfare system and the state court system. ANICWA believes that
engaging tribal leaders, tribal child welfare workers and strengthening tribal
government capacity strengthen tribal family systems. It is within this scope of
concern that the Alaska Native Indian Child Welfare Association endeavors to
work and bring about positive change. Mission Statement illustrate the purpose
and focus of the Association, "ANICWA strives to ensure that Native children and
families who are "Children in Need of Aid" under State Child Protective
Services, State Courts or Tribal Child Welfare systems are provided
professional, unbiased service and the highest standard of care."
Victims for Justice,
a small, non-profit agency provides a variety of services to residents of Alaska
whose lives have been affected by violent crime, including:
- Crisis Intervention services to those experiencing violence through
crime or whose family member has died as a result of a violent crime.
- Specialized Grief Education and Support Services available through peer
groups or individual support.
- Advocacy and Support throughout the law enforcement, criminal justice
and medical systems.
- Court Accompaniment and information about the criminal justice process
for survivors and victims during the trial proceedings.
- Private Remembrance Ceremonies for the family of victims at the Victims'
Tree and the Victims' Memorial Monument.
- Information and referral about other providers and professional
organizations.
The Office of
Victims' Rights is an agency of the Alaska Legislature that provides free
legal services to victims of crime to help them obtain the rights they are
guaranteed under the Alaska constitution and statutes with regard to their
contacts with police, prosecutors, judges, and other criminal justice agencies
in this state, as well as to advance and protect those victim rights in court
when necessary and authorized by law.
Native Entities Within the State of
Alaska Recognized and Eligible to Receive Services From the United States
Bureau of Indian Affairs 2002.
Alaska
Native Villages / Alaska Native Tribes is a comprehensive directory of
federally recognized Alaska tribes from the American
Indian Heritage Foundation.
In March 1999, the Alaska Judicial
Council issued a
Directory
of Dispute Resolution in Alaska Outside Federal and State Courts that presents
an overview of Alaska dispute resolution entities other than state and federal
courts, including tribal courts, tribal councils that address individual legal
matters, youth courts, community courts, alternative dispute resolution
programs, and state and municipal programs. Tribal councils and tribal courts in
both rural and urban communities may address such matters as child in need of
aid cases, adoptions, property, and minor criminal matters.
Tribal
Court Development - Alaska Tribes is a comprehensive guide for Alaska Tribal
Court Development developed by the Tanana
Chiefs Conference. It includes chapters on (1) an historical perspective on
Alaska tribal courts; (2) tribal court jurisdiction; (3) tribal court
structures; (4) tribal court procedures; (5) subject matter for tribal courts;
(6) tribal youth court development; (7) judicial ethics; (8) tribal court
management issues; (9) enforcement of tribal court decisions; and (10) sample
tribal court ordinances.
The mission of the Alaska Federation
of Natives (AFN) is to enhance and promote the cultural, economic and
political voice of the entire Alaska Native community. AFN's major goals are to
(1) advocate for Alaska Native people, their governments and organizations, with
respect to federal, state and local laws; (2) foster and encourage preservation
of Alaska Native cultures; (3) promote understanding of the economic needs of
Alaska Natives and encourage development consistent with those needs; (4) protect,
retain and enhance all lands owned by Alaska Natives and their organizations;
and (5) promote and advocate for programs and systems which instill pride and
confidence in individual Alaska Natives.University of Alaska
Anchorage Justice Center is an academic, research, and public education
program serving Alaska. The Justice Center is responsible for the collection of
University of Alaska Anchorage crime and arrest statistics, and it produces and
distributes throughout the state the quarterly Alaska
Justice Forum, which presents studies and explores issues related to crime
and the administration of justice. The Center has a very extensive web site and
is an excellent source for information on Alaska
Natives and American Indians.
AFN
Implementation Study Proposals to the United States Congress to implement
recommendations of the Alaska Natives Commission pursuant to P.L. 104-270,
Alaska Federation Of Natives, December 1999.
The Alaska
Natives Commission (the Joint Federal-State Commission on Policies and
Programs Affecting Alaska Natives) was created by Congress in 1990 at the urging
of Alaska Native groups, and was jointly funded by the federal government and
the State of Alaska.
- Volume I:
Healing, Harmony, Hope contains the essence of the Alaska Native
Commission's findings. It documents physical, social, and economic changes
that have occurred over the past two centuries which affect Alaska Natives;
provides the commission's fundamental recommendations in key issue areas;
and presents key statistical facts and findings of the commission.
- Volume II
includes the results of studies conducted by the commission in the areas of
Alaska Native physical health; social and cultural issues and the alcohol
crisis; economic issues and rural economic development; Alaska Native
education; and Self-governance
and Self-determination, including justice, law enforcement, and
corrections.
- Volume III
contains the full text of two separate studies conducted by the commission
in the areas of Alaska Native subsistence and Alaska Native tribal
government, condensed forms of which are found in Volume I.
- The Alaska Federation of Natives (AFN) commissioned this report, Alaska
Natives Commission, Final Report, in 1998 to follow up on the finding of
the Alaska Natives Commission on the need for Native self-governance in
Native communities. The report examines forms of self-governance presently
in use in Alaska Native villages and describes several models of
self-governance.
The Alaska Native
Claims Settlement Act, enacted in 1971, is one of the most important pieces
of Congressional legislation affecting Alaska. The legislation determines the
ownership of almost all Alaska lands; it involves hundreds of millions of
dollars, and it resulted in the creation of over 180 new and special
corporations. Further, it influenced the development of over 80 million acres of
new Federal parks, preserves and monuments in Alaska. Land ownership and land
use in Alaska remain contemporary issues, as various interest groups try to
resolve claims and legal interpretations through the court system.
Revisiting the
Alaska Native Claims Settlement Act (ANCSA), by the Alaska
Native Curriculum and Teacher Development Project (ANCTD), presents a very
extensive series of Newspaper
Articles, essays, and video instruction guides on the Alaska Native Claims
Settlement Act and the 1991 Amendments to the Act.
What Rights
to Land Have the Alaska Natives?: The Primary Question, by William L.
Hensley (May 2001 Introduction), traces the general development of the
controversy since the acquisition of the Alaska Territory in 1867 and attempts
to clarify the issues (What are the rights of the Alaskan Natives to the
property and resources upon which they have lived since time immemorial?)
through the presentation of court rulings, Interior Department decisions, and
Congressional acts, and indicates more recent developments which appear to be
leading up to a final solution of the problem.
Alaska v. Native Village of Venetie Tribal Government, et al.
522 U.S. 520 (1998)
Decided February 25, 1998: Syllabus
| Opinion
In an action challenging the authority of the Native Village of Venetie to
impose taxes on the conduct of business activities on tribal lands, the U.S.
Supreme Court holds the term "dependent Indian communities" as
employed in the 18 U.S.C. 1151 definition of "Indian country" refers
to a limited category of Indian lands that are neither reservations or
allotments and that satisfy two requirements: (1) the lands must have been set
aside by the United States for the use of the Indians as Indian lands; and (2)
the lands must be under federal superintendence; and concludes that the lands at
issue do not constitute Indian country.Alaska v. Native Village of Venetie
Tribal Government: Redefining Indian Country, by Warren
Denetsosie
In Alaska v. Native Village of Venetie Tribal Government, the United States
Supreme Court finally settled the meaning of the phrase “dependent Indian
community” which is one of the three prongs of “Indian country”. However,
the Supreme Court’s recent interpretation is unwelcome to Indian tribes for
the reason that land over which tribes previously asserted sovereign authority
can now be found to be outside their jurisdiction and within state control.
|
Indian
Country: Two Destinies, One Land by the Anchorage
Daily News, is a series of stories run over five days in July 1997. The
stories examine the Venetie "Indian Country" case, the Yupiit Nation
confederation in Western Alaska, the Indian Child Welfare Act, and other Native
sovereignty issues in Alaska.
The Alaska Law
Review provides an annual year-in-review of significant court decisions and
legislative changes as well as scholarly articles in many areas such as natural
resources law, environmental law, land use planning, economic development, and
Native American rights.
The Alaska Native Curriculum and Teacher
Development Project (ANCTD) brings together teams of teachers, elders, and
community members in various parts of Alaska with university-based specialists
to develop curricula on Alaska Native studies and language that is available to
all schools through the internet or on CD. The project is supported by a grant
from the U.S. Department of Education.
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