Native Village of Chignik Lagoon v. State of Alaska, Department of Health & Social Services, Office of Children's…

Summary

The court affirmed the determination that the child was a member of the Native Village of Wales and that Wales was the child’s tribe for purposes of the Indian Child Welfare Act. It held that tribal membership determinations are conclusive in state court and that a child must be eligible for membership in the same tribe of which the biological parent is a member to qualify under the eligibility-based definition of an Indian child. Because the child was a Wales member and neither biological parent was a Chignik Lagoon member, Chignik Lagoon lacked standing to challenge transfer of the post-termination proceedings to the Wales tribal court. The court remanded for further proceedings consistent with its opinion.