Tag Archives: Alaska Supreme Court

Alaska SCT Decides Alaska Native Regional Corporation Shareholder Action

Here is the opinion in Pedersen v. Arctic Slope Regional Corp.: Opinion

Posted in Author: Matthew L.M. Fletcher, Research | Tagged , ,

ICWA Case Out of Alaska Supreme Court

Here. Parents appeal from a superior court’s order that the Office of Children’s Services (OCS) had satisfied the Indian Child Welfare Act’s (ICWA) requirements authorizing the removal of their daughter, an Indian child, from their custody. Because the court relied … Continue reading

Posted in Author: Kate E. Fort, ICWA | Tagged , , ,

Alaska SCT Affirms Attorney Fees Saga Involving Alaska Native Corporation

Here is the opinion in Merdes & Merdes, P.C. v. Leisnoi, Inc. An excerpt: An attorney represented a Native corporation in litigation nearly three decades ago. The corporation disputed the attorney’s claim for fees, and in 1995, after the attorney’s death, the superior … Continue reading

Posted in Author: Matthew L.M. Fletcher, Research | Tagged , ,

Alaska SCT Issues Opinion Affirming Tribal Sovereign Immunity from Suit

Here is the opinion in Douglas Indian Association v. Central Council of Tlingit & Haida Indian Tribes.

Posted in Author: Matthew L.M. Fletcher, Research, sovereign immunity | Tagged , ,

Alaska ICWA Qualified Expert Witness and Active Efforts Case

Here. This case delves deeply into the qualifications of a qualified expert witness under the 2015 BIA Guidelines. Those requirements were pretty specific, and as the court points out, prioritized cultural knowledge of the child’s tribe. The 2015 Guidelines don’t … Continue reading

Posted in Author: Kate E. Fort, Child Welfare, ICWA | Tagged , , , ,

Alaska ICWA Case on QEW and Guardianship

Here. Ultimately the question turned on whether a long term guardianship is a foster care placement or a termination of parental rights (which have differing standards of proof). The court found it was a foster care placement, and required the … Continue reading

Posted in Author: Kate E. Fort, Child Welfare, ICWA | Tagged , , , , ,

Unpublished Decision from Alaska Declining to Apply 2015 ICWA Guidelines Provision on Expert Witnesses

Here. Even before the holding, the Court brushes aside some pretty disturbing facts, including: OCS noted that Casey might be affiliated with the Asa’carsamiut Tribe and that the children were believed to be Indian children affiliated with the Tribe. . … Continue reading

Posted in Author: Matthew Newman, Child Welfare, ICWA, Uncategorized | Tagged , , | 1 Comment

ICWA Placement Preferences Case out of Alaska

Here. The superior court again concluded that [grandparents] were not an appropriate placement because of their attitude and failure to give Caitlin’s medical equipment to OCS. *** The superior court’s finding that the grandparents were an unsafe placement is supported by … Continue reading

Posted in Author: Kate E. Fort, Child Welfare, ICWA | Tagged , , ,

Alaska SCT Holds Yupik Parent’s Choice to Live Subsistence Way of Life Constituted “Voluntarily and Unreasonable” Unemployment Under State Child Support Law

Opinion in re Sharpe v. Sharpe (Alaska Jan. 8 2016) In a 3-2 decision, Alaska’s Supreme Court has affirmed a lower court’s decision denying a motion for modification of child support to an Yup’ik Eskimo who the court believed was unreasonably unemployed when she … Continue reading

Posted in Author: Sarah Donnelly, Research | Tagged , | 1 Comment

Alaska Supreme Court Decides ICWA Burden of Proof Case

Here is the opinion in Diana P. v. State Dept. of Health & Social Services. An excerpt: A mother appeals the termination of her parental rights to her four daughters, all Indian children under the Indian Child Welfare Act (ICWA). … Continue reading

Posted in Author: Matthew L.M. Fletcher, ICWA, Research | Tagged , ,