State of Alaska, Joel Gilbertson in His Official Capacity as Alaska Commissioner of Health & Social Services, Marcia…

Summary

The court held that the Tribes' challenge was ripe because the State had implemented policies that affected tribal child-protection and adoption proceedings, although the court limited its review to the fundamental jurisdictional issue. It held that federally recognized Alaska Native tribes retain concurrent inherent jurisdiction to initiate ICWA-defined child custody proceedings, both inside and outside Indian country, and may be entitled to full faith and credit for qualifying tribal orders. The court affirmed the denial of dismissal, affirmed the judgment insofar as it recognized that limited jurisdiction, and vacated broader declaratory and injunctive relief.