Alaska R. P. Ch. Need 20

As amended through May 30, 2024
Rule 20 - Review upon Petition under 25 U.S.C. Section 1914
(a)Grounds for Petition. In cases involving an Indian child, the child, parents, Indian custodian and child's tribe may petition the court to invalidate any order in the case upon a showing that the order violated any provision of 25 U.S.C. §§ 1911, 1912 or1913. A petition under 25 U.S.C. § 1914 may be brought as a separate action if the petitioner is unable to participate in the challenged proceeding as a party.
(b)Petition to Invalidate. A petition filed under 25 U.S.C. § 1914 must be served on all parties to the action sought to be invalidated, including the Indian child's tribe and Indian custodian whether or not they have intervened. The petition must include:
(1) the identities of the petitioner and the Indian child subject to the petition, and the status of the petitioner under 25 U.S.C. § 1914;
(2) a statement of the particular provisions of 25 U.S.C. §§ 1911, 1912 or1913 alleged to have been violated and the factual basis supporting the alleged violation; and
(3) any exhibits, reports or other evidence in support of the allegations.
(c)Disposition. If the court determines that the challenged order violated 25 U.S.C. §§ 1911, 1912 or1913, the court shall immediately invalidate the order and take other appropriate action which may include dismissing the case and ordering the child returned to the parents or Indian custodian.

Alaska R. P. Ch. Need 20

SCO 845 effective 8/15/1987; amended by SCO 1355 effective 7/15/1999