Native Village of Barrow v. WilliamsAnnotate this Case
At issue in consolidated appeals before the Alaska Supreme Court were the custody proceedings involving the same child before two courts of independent sovereignty: the State of Alaska and the Native Village of Barrow (NVB). A child custody case was initiated in the Utqiagvik superior court. Thereafter, NVB, through its tribal court, took custody of the child in a tribal child in need of aid (CINA) case. In 2016 the superior court ultimately denied the mother’s state court motion to modify custody. NVB sought to intervene in the state custody case, but the superior court denied its motion. The mother appealed the superior court’s denial of her motion to modify custody; NVB appealed the order denying its motion to intervene. The Alaska Supreme Court determined that under the Indian Child Welfare Act (ICWA), a superior court receiving a tribal court order to determine whether the order was issued in an ICWA-defined child custody proceeding and, if it was, was mandated to follow ICWA section 1911(d)’s full faith and credit mandate. The superior court erred in ruling that the NVB tribal court lacked jurisdiction without following the procedures underlying the process for giving full faith and credit to a tribal court order.