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MATTER OF ADOPTION OF A.R.B Click to find out why . . .



Keywords & Phrases
CaseNo: 3PA-98-90 CIV, CourtCode: SU, CourtName: Superior Court, District: Third, JudgeName: Eric Smith, State: AK Alaska, UniqueCaseRef: AK>SU>3PA-98-90CIV, Tribes, Alaska, Jurisdiction, Dot Lake, Tribal Court, Native Villages, Matter, Sovereign, Child, Inherent, Tetlin Tribal Court, Petitioners, Powers, Recognition, Supreme Court, Authority, Bia, Reasoning, Superior Court, Request, Referring, Indian Tribes, Public Law, Venetie, Endnote, Divest, Nenana, United States , ContentID: 120239522

Case Documents
1 1999-03-31 NNOT REASONABLY BE INFERRED FROM CONDUCT THAT IS AS CONSISTENT WITH COMPETITION AS WITH A PLAINTIFFS CONSPIRACY THEORY
[ see first page and extracted highlights below  ] ItemID: 100025
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1 . NNOT REASONABLY BE INFERRED FROM CONDUCT THAT IS AS CONSISTENT WITH COMPETITION AS WITH A PLAINTIFFS CONSPIRACY THEORY

EXTRACTED KEY WORDS
TRIBES
ALASKA
JURISDICTION
DOT LAKE
TRIBAL COURT
NATIVE VILLAGES
LAW
MATTER
SOVEREIGN
CHILD
INHERENT
TETLIN TRIBAL COURT
PETITIONERS
POWERS
RECOGNITION
SUPREME COURT
AUTHORITY
BIA
REASONING
SUPERIOR COURT
REQUEST
REFERRING
INDIAN TRIBES
PUBLIC LAW
VENETIE
ENDNOTE
DIVEST
NENANA
UNITED STATES
IN THE SUPERIOR COURT FOR THE STATE OF ALASKA

IN THE SUPERIOR COURT FOR THE STATE OF ALASKA

THIRD JUDICIAL DISTRICT AT PALMER

In the Matter of the Adoption of:

ARB

DOB:

CASE NO. 3PA-98-90 CIV

	ORDER

	Petitioners have requested this court to find that the Dot Lake Village Council does not have
r, in the alternative, that the tribe waived any jurisdiction it may have had when it referred the
that the recognition of the sovereign status of Dot Lake by the BIA means that Dot Lake has
y over the child. The court further finds that Dot Lake did not waive its jurisdiction when it
here is nothing in state or federal law that precludes a tribal court from authorizing an
f cannot hear the case due to a conflict of interest.

	The basic facts in this case are not in dispute. Petitioners are the Native uncle and
d's mother, S.L., agreed to give the child to petitioners, an agreement that was formalized by the
rest in regaining the child, the tribal court held a hearing on December 28, 1998. Mr. B and his
at it preferred that Ms. L and Mr. B settle the matter, but it also stated that due to the close
e court, the Dot Lake court could not hear the case. The court therefore stated that it would refer
cation were required. Neither Mr. B nor his attorney objected at that time to the notion of a
nacross rather than Tetlin hear the case.

	Petitioners argue that pursuant to In Re F.P., 843 P.2d 1214 (Alaska 1992), Dot Lake never had
at by referring the case to Tetlin, Dot Lake actually attempted to give Tetlin jurisdiction over
SNIPPETS:
  • IN THE SUPERIOR COURT FOR THE STATE OF ALASKA
  • In the Matter of the Adoption of:
  • Petitioners have requested this court to find that the Dot Lake Village Council does not
  • The court finds that the recognition of the sovereign status of Dot Lake by the BIA means
  • The court further finds that Dot Lake did not waive its jurisdiction when it asked the Tetlin
  • The child's mother, S.L., agreed to give the child to petitioners, an agreement that was
  • They further assert that by referring the case to Tetlin, Dot Lake actually attempted to give
  • The Alaska Supreme Court ruled in In re J.M., 718 P.2d 150, that an Indian tribe had not
  • the Alaska Supreme Court ruled that in fact Alaska Native villages do not have any
  • The Court reasoned that section 1918's reference to a reassumption of jurisdiction could only
  • The Alaska Supreme Court declined to follow Venetie.
  • The Court found that the Ninth Circuit's reasoning rested on the possibility that Venetie was
  • The Court stated that this is inconsistent with its holding in Native Village of Stevens v.
  • The BIA expressly stated that it intended that list to be a list of recognized tribes, and
  • Rather, they have the same governmental status as other federally acknowledged Indian tribes d by law on other tribes.
  • [See Endnote #1]
  • The existence of such powers, in turn, distinguishes this case from Nenana and F.P., where
  • The court reasonably decided that in lieu of appointing such a master, it would instead
  • Inherent sovereign powers are an essential element of the analysis because the U.S. Supreme
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