1. ICWA Defense: Litigation, State Laws and State Compacting
Delia Carlyle, Ak-Chin Community
Kate Fort, Professor, MSU Law School
Rebecca Patterson, Sonosky, Chambers, Sachse, Miller & Monkman

2. Federal Litigation post-Baby Girl
ICWA:ICWA: Litigation Update and State Enforcement
Kathryn (Kate) Fort

3. ICWA Appellate Project (MSU)
Tracks appellate cases nationwide
Provides limited representation for tribes in ICWA appeals
Provides technical assistance and research for tribes
Provides training for jurists and other legal professionals on ICWA
All Case Documents (and other information) Available at:

6. State Compacting: the Alaska example
Background:
Tribal/State Collaboration Group—met for 23 years
Goal: reduce disproportionality, ICWA compliance
Outcome: shared relationships, information and strategy but no significant change in results
Tribal Title IV-E Agreements
11 Tribes/TOs receive federal reimbursement for administrative and short-term training
2 of the 11 also include maintenance (foster care, adoption and guardianship payments)

7. State Compacting: an Alaska example
An opportunity appears
Lots of litigation against the State for violating ICWA
2014: new coalition administration elected
Ending Violence so Children Can Thrive Report
First Alaska Native female Commissioner (Valerie Davidson)
2016: new 5-year strategic plan for OCS with new priorities
(1) respectful government-to-government collaboration and partnership;
(2) self-governance;
(3) embrace and implement the spirit of ICWA;
(4) state government alignment;
(5) community engagement;
(6) continuum of culturally specific services and supports

8. State Compacting: an Alaska example
The Compact
Early 2017: Compact meetings start
October 19, 2017: Compact signed by 18 Co-Signers representing 161 Tribes (70% of Alaska’s tribal membership)
December 15, 2017: Compact became effective
14 Co-Signers entered into funding agreements for FY 2018
13 Co-Signers entered into funding agreements for FY 2019

9. State Compacting: an Alaska example
Year 1 Outcomes
94 Tribes are now receiving copies of screened in and screened out Protective Services Reports
T/TO’s are assisting in initial relative diligent searches and home safety checks for relatives to help ensure and expedite the same placement of children with relatives whenever possible
This work is already increasing the overall numbers of children in ICWA preferred placements

10. State Compacting: an Alaska example
Lingering Issues
Funding: preserving available funding and increasing funding
New Co-Signers
New administration and new priorities
Goals moving forward
Outcomes for all Alaska children will be improved.
Families will be served closest to home, in their own communities in a way reflective of their culture and traditions.
Families will be more receptive and engaged in changing behavior which will mean over time that the number of Alaska Native children in foster care will decline as does the rate of maltreatment.
More Tribes accessing Title IV-E funding to operate programs autonomously with both the state and federal funding required to be successful.