In re C.R.H.

Summary

The Alaska Supreme Court held that subsection 1911(b) of the Indian Child Welfare Act authorizes transfer of qualifying child-custody proceedings to federally recognized tribal courts in Alaska, regardless of Public Law 280. The court overruled prior Alaska decisions to the extent they were inconsistent with that holding and remanded for consideration of whether good cause existed to deny transfer to the Native Village of Nikolai tribal court.

Holdings

1. ICWA subsection 1911(b) authorizes state-court transfer jurisdiction to federally recognized tribal courts regardless of whether or how Public Law 280 otherwise affects tribal jurisdiction.
2. Because the superior court denied transfer on the erroneous ground that Nikolai could not claim subsection 1911(b) jurisdiction, the case must be remanded for the superior court to determine whether good cause exists to deny transfer; absent good cause, transfer is appropriate.

Questions Presented

1. Whether subsection 1911(b) of the Indian Child Welfare Act authorizes transfer of a state-court foster-care or parental-rights proceeding to a federally recognized Alaska Native tribal court notwithstanding Public Law 280.
2. Whether the superior court properly denied transfer without determining whether good cause existed to retain the proceeding in state court.

Disposition

reversed_and_remanded