Rule 25 - Expedited Enforcement of Tribal Court Orders under the Indian Child Welfare Act (25 U.S.C Sections 1901-1963)(a) Availability of Expedited Enforcement. A verified petition for expedited enforcement and request for writ of assistance may be filed in accordance with this rule for any tribal court order for which registration has been sought under CINA Rule 24. (b) Contents of the Verified Petition. The verified petition shall set forth the following facts: (1) whether the tribal court that issued the order identified the jurisdictional basis it relied on in exercising jurisdiction and, if so, what the basis was; (2) whether a proceeding has been commenced in state court or tribal court that could affect the current proceedings, including proceedings relating to domestic violence protective orders, termination of parental rights, and adoptions and, if so, the name of the court, the case number, and the nature of the proceeding; (3) the present physical address of the child and the person or persons having physical or legal custody, if known; (4) whether relief in addition to the immediate physical custody of the child is sought and, if so, the relief sought; (5) if the child custody order has been registered and confirmed under CINA Rule 24 and, if so, the date and place of registration; (6) whether the petitioner will request a writ of assistance; and (7) a statement explaining why expedited enforcement is necessary.(c) Ex Parte Hearing to Issue Writ of Assistance. A petitioner may request a writ of assistance in any case where a child has been removed or is in imminent danger of being removed from the person with whom the tribal court ordered placement. The court may conduct an ex parte hearing for further fact finding. If the court finds that a child has been removed or is in immediate danger of being removed from the person with whom the tribal court ordered placement, the court may issue a writ of assistance as follows: (1) reciting the facts supporting the conclusion that immediate removal from the person with whom the tribal court ordered placement has or will occur; (2) directing law enforcement officials to take physical custody of the child immediately; (3) providing for return to the person with whom the tribal court ordered placement; (4) if less intrusive remedies are not effective, authorizing law enforcement officers to enter private property to take physical custody of the child; (5) if required by exigent circumstances, authorizing law enforcement officers to make a forcible entry at any hour; and (6) serving the petition for expedited enforcement, the writ of assistance, and orders to appear or to protect the safety of the parties or the child immediately after the child is taken into physical custody. (d) Hearing. Except where service occurs in accordance with paragraph (c)(6), the court shall serve the petition for expedited enforcement on the respondent and any person served with the petition for registration pursuant to CINA Rule 24(b)(4). The verified petition for expedited enforcement of a child custody order shall be heard on the next judicial day after the petition is served unless that date is impossible, in which case the court shall hold the hearing on the first judicial day possible. On the filing of a petition, the court shall issue an order directing the respondent to appear in person with or without the child at a hearing and may enter an order necessary to ensure the safety of the parties and the child. The order must state the time and place of the hearing and advise the respondent that, at the hearing, the court will order that immediate physical custody of the child be delivered to the person with whom the tribal court ordered placement, and that such further hearings as necessary may be scheduled unless the respondent appears and establishes that: (1) the child custody order has not been registered and confirmed and that: (A) the tribal court did not have jurisdiction over the parties or the child custody proceeding in which the tribal child custody order was entered; (B) the child custody order for which enforcement is sought has been vacated, stayed, or modified by a court having jurisdiction to do so; or (C) the respondent 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 respondent was not given an opportunity to be heard; or(2) the child custody order for which enforcement is sought was registered and confirmed but has been vacated, stayed, or modified by a court having jurisdiction to do so.(e) Orders and Enforceability. (1) The court may order such further relief as appropriate under Alaska law. (2) A writ of assistance directing law enforcement to take physical custody of a child is enforceable throughout this state.(f) Conditions on Placement of the Child. The superior court issuing an order or writ of assistance under this rule may impose conditions on the placement of the child to ensure the appearance of the child and child's custodian at subsequent hearings.Adopted by SCO 1784 effective 10/1/2014; 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.