Enforcement

It may become necessary to ask state officials to enforce a tribal court order.  One of the most important factors used to determine if the state will recognize and enforce a tribal court order is whether the parties were given due process in the tribal court proceeding.  

What is "Due Process of Law?"

Due process is the right of people to have a fair chance to participate in court cases.  It does not guarantee a decision everyone likes, but in the end everyone should feel like they had a chance to speak their mind and have their voices heard by neutral judges.  Due process rights are protected by the United States Constitution, the Alaska Constitution, and the Indian Civil Rights Act.


Here is an outline of what due process means and what is required to meet due process requirements.

What Tribal Court Orders are Recognized by State Courts?

 It may be confusing to determine what tribal court orders are recognized by the state court, or when the tribal court can ask for help enforcing their orders.  This chart can be a useful tool.

Chart of Tribal Court Orders recognized by State Courts


How do I get the Alaska Court System to recognize the Tribe's orders regarding . . .

Domestic Violence 

A domestic violence protection order may be faxed to the local state court clerk.  It will get a state court case number and then be immediately enforceable by state law enforcement.

Adoption

A tribal court adoption order does not have to be registered with the state court system.  A tribal court adoption order may be send directly to the State of Alaska Bureau of Vital Statistics with the appropriate forms.  See instructions on the "Adoptions" page.

Child Protection 

Alaska has adopted court rules for Tribes to send child protection orders to the state court for recognition and enforcement.  These rules are Child In Need of Aid Rules 24 and 25.

The State Court System has forms to register tribal court child protection orders in state court.

CN-600 Request to Register Tribal Court Custody Order
CN-610 Request for Hearing About Registered Tribal Court Custody Order
CN-625 Request to Keep Identities Confidential in Registered Tribal Court Order
CN-635 Request for Expedited Enforcement of Tribal Court Order
CN-650 Return of Service

Custody (parent v. parent)

ALSC is currently developing forms to request state "comity recognition" of tribal court custody orders, in private custody cases and other family law cases where ICWA is not involved.

AlaskaTribes.org