Rule 24 - Registration and Confirmation of Tribal Court Orders under the Indian Child Welfare Act (25 U.S.C Sections 1901-1963)(a) Applicability. This rule shall apply only to orders issued by the tribal court of an Indian child's tribe when the Indian child's tribe exercises jurisdiction in a "child custody proceeding" as defined by section 1903(1) of the Indian Child Welfare Act, including, as defined by that section, a "foster care placement," "termination of parental rights," "preadoptive placement," and "adoptive placement" other than an adoption decree. Adoption decrees are not covered by this rule.(b) Procedure for Registration. An Indian tribe or any person may register a tribal court order as identified in section (a) by filing: (1) a letter, motion, petition, or other document requesting registration and confirmation of the tribal court's order; (2) two copies of the tribal court's order sought to be registered;(3) a notarized statement, under penalty of perjury, that the tribal court's order has not been vacated, stayed, or modified; and whether this tribal court order, or any other order involving the same child or children, has been registered in this or any other jurisdiction; and (4) the name and contact information of: (A) the tribal court issuing the child custody order; (B) the Indian child's tribe; (C) the person seeking registration; (D) the parent or person acting as a parent who has been awarded custody or visitation in the child custody order sought to be registered, subject to subsection (c) of this rule; (E) the person with physical custody of the child or who claims rights of legal custody or physical custody of, or visitation with, the child; (F) the person from whom custody of the child was taken in the tribal court child custody proceeding; and (G) the parent whose rights have not been previously terminated. A letter, motion, petition, or other document requesting registration may be accompanied by a request for non-expedited enforcement or expedited enforcement under CINA Rule 25.(c) Application for Limited Disclosure. If a person or tribe seeking registration alleges in an affidavit or a pleading under oath that the health, safety, or liberty of the child or the person awarded custody or visitation would be jeopardized by disclosure of identifying information, the information shall be made confidential or sealed and may not be disclosed to the other persons named in paragraph (b)(4) unless the court orders the disclosure to be made after a hearing in which the court takes into consideration the health, safety, or liberty of the child or the person awarded custody or visitation, and determines that the disclosure is in the interest of justice.(d) Filing and Notice by Registering Court. On receipt of the documents and information required in subsection (b) of this rule, (1) the clerk of court shall: (A) cause the tribal court's order to be filed in the same manner as a foreign judgment, together with one copy of any accompanying documents and information, regardless of their form(B) distribute notice using any method of service allowed by Civil Rule 4 to the persons named in paragraph (b)(4) and provide them with an opportunity to contest the registration under subsection (f) of this rule; and(C) notify the registering party if service is not completed under (d)(1)(B).(2) The registering party may accomplish service by alternative methods in a manner that is reasonably calculated to give the party actual notice of the proceedings and an opportunity to be heard as under Civil Rule 4(e)(3). Service accomplished under this subparagraph satisfies service under (d)(1)(B).(e) Contents of Notice. The notice required in paragraph (d)(2) shall state the following: (1) a registered order is enforceable as of the date of registration in the same manner as an order issued by the superior court;(2) a hearing to contest the validity of the registered order must be requested within 20 days after service of the notice; and(3) failure to contest the registration will result in confirmation of the order and bar any further contest of the order on matters that could have been asserted. (f) Request for Hearing on Confirmation of Registration. A person seeking to contest the validity of a registered order must request a hearing within 20 days after service of the notice. At that hearing, the court shall confirm the registered order unless the person contesting registration establishes that: (1) the tribal court did not have jurisdiction over the parties or the child custody proceeding in which the tribal child custody order was entered; (2) the child custody order sought to be registered has been vacated, stayed, or modified by a court having jurisdiction to do so; or(3) the person contesting registration was entitled to notice, but notice was not given in a manner reasonably calculated to give actual notice of the proceedings before the court that issued the order for which enforcement is sought, or if notice was given, the person contesting registration was not given an opportunity to be heard.(g) Confirmation of Registration.(1) The superior court shall confirm or deny registration and notify the petitioner and all persons listed in paragraph (b)(4) by entry of a written order as follows: (A) If the superior court does not receive a timely request for hearing, a registered order that conforms with subsections (a) and (b) is confirmed as a matter of law; (B) If a hearing is held, the court shall confirm a registered order that conforms with subsections (a) and (b) unless the person contesting registration establishes that one or more of the reasons listed in subsection (f) renders the tribal court order invalid. (2) Confirmation of registration, whether after a hearing or as a matter of law if no hearing is requested, precludes further contest of the tribal court's child custody order with respect to any matter that could have been asserted at the time of registration. (h) Enforcement of Registered Orders. A court of this state shall recognize and enforce a child custody order registered in accordance with this rule. A court of this state may grant relief normally available under the law of this state, including writs of assistance, to enforce a registered child custody order by a federally recognized tribe. (i) Confidentiality. A tribal court child custody order filed for registration and confirmation is confidential and can be disclosed only to the persons listed in subsection (b) of this rule and as authorized under Administrative Rule 37.5 or by order of the superior court. (j) Definitions. For purposes of this rule and CINA Rule 25, the terms "person" and "person acting as parent" are defined as provided in AS 25.30.909(12) and (13), except that the terms shall also include a federally recognized tribe. Adopted by SCO 1784 effective 10/1/2014; amended by SCO 1978 effective 10/17/2022; amended by SCO 2009 effective 10/16/2023. Under the Indian Child Welfare Act, 25 U.S.C. § 1911(d), tribal court orders entered in Indian child custody proceedings are entitled to the same full faith and credit that is given to orders entered by state courts. To qualify for full faith and credit, the issuing court must have personal and subject matter jurisdiction and render its judgment in accordance with minimum due process.
Note: Because tribal adoption decrees are registered through the Alaska Bureau of Vital Statistics, they are not covered by this rule.
Note: This rule does not apply to tribal court child custody orders that are not covered by the Indian Child Welfare Act. The Indian Child Welfare Act generally does not apply to divorce or divorce-like child custody proceedings between parents. See 25 U.S.C. § 1903(1); State of Alaska v. Native Village of Tanana, 249 P.3d 734, 739 n.19 (Alaska 2011).