tribal court is in session
VOS had completed a Tribal Court Assessment which opened the door to BIA tribal court funding opportunities to implement the capacity to build the Village of Solomon Tribal Court.
VOS Tribal Court serves enrolled VOS Tribal Citizens or VOS eligible youth.
To Date, the Council has approved a Children’s Code and Tribal Court ordinance with Tribal Attorney’s, Ali Wykis and Sigvanna Tapqaq to which, VOS was able to successfully transfer a children’s state case into Tribal Court jurisdiction.
Here are some activities, the VOS Tribal Court can do;
Cultural Adoptions
State Custody Cases- Indian Child Welfare Act
Sentence Recommendations to Alaska State Court for certain misdemeanor offenses
All VOS youth or VOS eligible youth that are involved in a state case with a child welfare agency, is required by law to notify VOS. At this time, current VOS staff and children’s committee members are updated and briefed, attend hearings and due diligent investigating to intervene as a legal party.
If you have questions, please contact our Admin email at admin@villageofsolomon.org or Deilah at deilah@villageofsolomon.org.
VOS will be hiring a Tribal court administrator and family advocate to assist VOS in developing and building tribal court capacity. The job descriptions are provided here.
Tribal Court Judges will be selected through an election process, or appointed by the Council.
All Tribal Court employees will work directly with the VOS Children’s Committee, consisting of VOS Council members and Tribal Attorneys.
ICWA page has more information
The purpose of the Indian Child Welfare Act (ICWA) is "...to protect the best interest of Indian Children and to promote the stability and security of Indian tribes and families by the establishment of minimum Federal standards for the removal of Indian children and placement of such children in homes which will reflect the unique values of Indian culture... "(25 U.S. C. 1902). ICWA provides guidance to States regarding the handling of child abuse and neglect and adoption cases involving Native children and sets minimum standards for the handling of these cases.
https://www.bia.gov/bia/ois/dhs/icwa
DIVISION OF SELF-DETERMINATION SERVICES MISSION
To promote and advocate maximum Indian participation in the programs and services conducted by the Federal Government for Indians; and to encourage and support the development of tribal capacity to better manage the opportunities and responsibilities of self-determination.
https://www.bia.gov/bia/ois/dsd
To promote awareness of Tribal governmental responsibilities and processes, and to provide Tribes with the resources they need to foster strong and stable Tribal governments in exercising their rights as sovereign nations.
In accordance with the long-standing Federal policy of supporting Indian self-determination as expressed in the Indian Self-Determination and Education Assistance Act, as amended Public Law 93-638; Tribal Government Services promotes the sovereignty of federally recognized Tribes. Tribal Government Services carries out this policy by supporting and assisting Indian Tribes in the development and maintenance of strong and stable Tribal governments capable of administering quality programs and developing economies of their respective communities
https://www.bia.gov/bia/ois/tgs
What is ICWA and Why do we have ICWA?
Indian Custodianship
What is Indian Custodianship and why is it used?
AI Overview
In the context of the Indian Child Welfare Act (ICWA), an Indian custodian is any Indian person who has legal or temporary physical custody of an Indian child under the law, custom, or tribal law of an Indian child's tribe or state law. This person could be a parent, a relative, or another individual who is temporarily or permanently caring for an Indian child, with the parent's voluntary consent or through legal means.
Key aspects of an Indian custodian:
Indian Status:
The individual must be an Indian person.
Custody Authority:
They possess either legal custody or have been transferred temporary physical care and control by the child's parent.
Voluntary vs. Involuntary:
Voluntary Custody: This occurs when a parent, of their own free will, transfers temporary custody to another person without a threat of removal by a state agency. The parent can typically regain custody upon demand.
Involuntary Custody: This involves a situation where a state agency removes the child from the parent's home, and the parent cannot regain custody on demand.
Legal Context:
The term is central to the ICWA, which establishes a framework for the welfare of Indian children.
Tribal and State Law:
Custody can be granted under tribal law, custom, or state law, or through the voluntary transfer by a parent
For purposes of the Village of Solomon, Indian Custodianship is used in lieu of a tribal court case, or child welfare case or any form of interference from an outside entity of the family, it can be requested by;
a family member,
a family advocate/children’s committee member
a trusted friend
a parent
Indian Custodianship is not meant to be viewed as a failure on the parent(s) behalf, it is a reflection of genuine love and concern for the child(ren) during a time where the parent(s) may need the time to re-focus or re-establish grounding/foundation to be the best parent(s) possible for the youth.
Making the decision to establish an Indian Custodianship on behalf of the youth with a selected caregiver is not a decision to be made lightly, if there is no familiarity with the use of Indian Custodianship, it is best to talk to someone within the Tribal Court space or someone you know who has been involved with an Indian Custodianship previously. It is a notarized form that grants another individual to have temporary legal rights for the youth.
There are other avenues to approach without having to get the Indian Custodianship, so it is very important to understand the meaning and purpose prior to agreeing and signing one, to explore any of these options; please reach out to your Village of Solomon Children’s committee members by reaching the VOS Tribal Coordinator or a Council member.
Should a VOS youth be under an Indian custodianship, VOS would like to support the family under the Indian Child Welfare Act program to support families that need the extra help during a time that is not always easy to ask for help. Below is reference to an Indian custodianship form as well as the VOS support form for the Indian Custodian.