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Alaska could see effects of Indian Child Welfare Act lawsuit, as Supreme Court considers Native preference in adoptions

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Alaska could see effects of Indian Child Welfare Act lawsuit, as Supreme Court considers Native preference in adoptions



Jennifer Quinto along with her household within the Nineteen Eighties. (Photograph courtesy of Jennifer Quinto)

The U.S. Supreme Court docket heard a case Wednesday that presents a significant problem to the Indian Youngster Welfare Act.

ICWA, as it’s recognized, is a federal legislation that enables tribes to make adoption choices for Native youngsters, to maintain them linked to their tradition and to maintain Native households intact.

The plaintiffs taking their case to the Supreme Court docket say that’s unconstitutional and racial discrimination.

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Neighborhood reporting fellow Chen Chen with KTOO has been following the case — known as Haaland v. Brackeen — and reporting on what ICWA means to Alaska.

And since Native youngsters signify about 55% of all youngsters in state custody, Chen says overturning ICWA would have big implications for Alaska. On the similar time, Native individuals solely make up a bit of over 20% of the inhabitants, so there’s a disparity, she says, and a sense that the state hasn’t performed sufficient to implement ICWA to start with.

Hear:

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Editor’s observe: This interview was recorded previous to the U.S. Supreme Court docket listening to Haaland v. Brackeen

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The next transcript has been frivolously edited for readability.

Chen Chen: Yeah, so for my second story on ICWA, I interviewed a tribal courtroom decide. And evidently from what I’ve spoken to her about, maybe in comparison with different states which have higher implementation of ICWA, Alaska simply hasn’t actually been placing in a number of sources to fight these figures. To not say that there aren’t clearly many individuals within the system who’re working to alter issues. However I feel it’s particularly powerful in Alaska, due to shortages and employees and shortages and sources. So right here’s how decide Debra O’Gara places it:

Debra O’Gara: Some states are a bit of bit higher than different states. However proper now, Alaska, I’d say shouldn’t be doing so properly. Alaska has not adopted the spirit or the letter of the legislation. If it did, there wouldn’t be that disproportionality.

a woman
Decide Debra O’Gara pictured in 2020. She has spent over a decade engaged on Indian little one welfare instances and directing trainings on ICWA for guardians, case staff and attorneys, within the state and Tribal courtroom techniques. (Photograph courtesy of Debra O’Gara)

CC: So one of many issues that Decide O’Gara actually highlights is that ICWA mandates placement preferences in order that sources are put in to maintain households collectively. After which the second selection is to maintain youngsters inside their communities. And since a number of that isn’t occurring, Decide O’Gara has these criticisms for the state of ICWA proper now.

Casey Grove: Yeah, let’s break that down just a bit bit extra, too, as a result of there’s a choice to maintain youngsters which might be in a — you understand, perhaps a nasty state of affairs, or at the least a perceived dangerous state of affairs by Workplace of Youngsters’s Providers staff or no matter — there’s a choice that if they will be faraway from a house for their very own safety that they’d be then positioned with one other Native household and even any individual inside the similar household, proper?

CC: Sure, there’s undoubtedly a choice for putting the kids as near their household as attainable, whereas their mother and father get time to form of rehabilitate or determine their issues. So one of many important issues that ICWA tries to do is to assist reunite households. So when youngsters are put into foster care, there’s sources additionally, that must be put in for the mother and father, and for the households like grandparents, to have the ability to care for the kid and enhance their talents as a father or mother and get assist for the completely different psychological and bodily issues that they need assistance for.

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CG: Gotcha. Yeah. Clearly, for the kids which might be in the course of ongoing instances, their identities are protected, and rightfully so. That’s confidential. However you probably did converse with any individual who’s a former adoptee, proper? And what did she must say about this?

CC: Yeah, I spoke to a former adoptee who was adopted within the 12 months that ICWA was handed in 1978. So I feel that was a really attention-grabbing perspective from somebody, as a result of I feel a number of these views are misplaced after we speak about ICWA. And we speak about it as a theoretical factor, when, for a lot of adoptees, it means loads, and it’s a really actual legislation for them. Jennifer Quinto was adopted from an Athabaskan household right into a multicultural, Tlingit family in Juneau.

JQ: For me and my adoption, it was an enormous gamble. That legislation wasn’t in place, and I might have very simply been positioned with one other household. And what number of youngsters are there that didn’t have that safety? And like I stated, there have been so many adoptees that I met, that I might really feel the depth of the damage and the anger. And all of that got here from the truth that they had been, you understand, being raised with households that simply didn’t perceive the complexities.

A portrait of a woman.
Jennifer Quinto marches with numerous indigenous teams throughout a parade at Celebration 2018 on Saturday, June 9, 2018, in downtown Juneau, Alaska. (Tripp J Crouse/KTOO)

CG: So she appears to be very a lot in favor of ICWA, at the least the intentions of ICWA, proper?

CC: Yeah, so ICWA has a number of completely different precise methods it’s applied in every state. However I feel that from talking to Jennifer, it looks as if it doesn’t matter what ICWA truly seems like in every state, simply having that exist is already saying to her, like, you matter. Adoptees such as you matter and your identification issues.

JQ: Who might ever consider that that will be taken away? You understand, that’s one of many final issues that’s conserving our neighborhood collectively in the best way that it has. So imagining a world the place that doesn’t exist is simply too, too painful.

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CG: That’s undoubtedly all attention-grabbing. And it’s good to form of know the place ICWA has come from and what the intentions of it are. However we’re right here to speak a couple of very explicit lawsuit that you simply’ve been following, a courtroom case. Inform me about that. Who’s the plaintiff there? Who’s the defendant? What’s the change that they’re looking for?

CC: The U.S. Supreme Court docket will hear a case known as Haaland vs. Brackeen. And the case is attempting to say the plaintiffs — together with Brackeen and numerous different states and completely different mother and father who’re attempting to undertake Native youngsters — they’re all form of getting at how they assume that it was not constitutional, as a result of it provides choice to Native households and tribes for Native youngsters over all different kinds of individuals. And within the lawsuit, they classify that as racial discrimination and violating the Equal Safety Clause. And what’s occurring within the Brackeen case is that these mother and father from Texas who’re white, adopted a toddler who was from a tribe whereas they had been fostering him. After which they received right into a lawsuit as a result of they needed to undertake that child’s brother. And the issue was the tribe didn’t wish to let that little one be adopted out of the tribe. And that little one’s aunt was very keen and needed to undertake the child. And ultimately, the Brackeens did get each youngsters however had been nonetheless not proud of the phrases of the lawsuit, which included that the child needed to, you understand, go to their grandparents each summer time. So mainly, they’re the primary household that’s concerned, are the Brackeens.

CG: So the U.S. Supreme Court docket’s about to listen to this case, and I assume a call could be, you understand, someplace down the highway from that, however are the individuals that you simply’re speaking to, have they got guesses about how the Supreme Court docket may rule on this?

CC: So the 2 people who I primarily spoke to each don’t assume it’s going to be overturned, as a result of it’s virtually too far out of, like, actuality for lots of Alaska Native (individuals) for ICWA to be overturned. And I feel the opposite factor is that from different articles I’ve examine ICWA, from numerous views outdoors of Alaska, it additionally appears that ICWA would have very far reaching implications if it’s overturned, as a result of that’s saying that tribal sovereignty is simply not a factor. As a result of in the event that they rule that being Alaska Native or being Native American is a racial classification slightly than a political classification, that’s a direct menace to tribal sovereignty.

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Alaska

As Alaska sees a spike in Flu cases — another virus is on the rise in the U.S.

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As Alaska sees a spike in Flu cases — another virus is on the rise in the U.S.


FAIRBANKS, Alaska (KTUU) – Alaska has recently seen a rise in both influenza and respiratory syncytial virus, better known as RSV. Amidst the spike in both illnesses, norovirus has also been on the rise in the United States. The Centers for Disease Control and Prevention (CDC) says it’s highly contagious and hand sanitizers don’t work well against it.

Current data for Alaska shows 449 influenza cases and 262 RSV cases for the week of Jan. 4. Influenza predominantly impacts the Kenai area, the Yukon-Kuskokwim Delta, and the Northwest regions of the state. RSV is also seeing significant activity in the Yukon-Kuskokwim Delta and Anchorage.

Both are respiratory viruses that are treatable, but norovirus — which behaves like the stomach flu according to the CDC — is seeing a surge at the national level. It “causes acute gastroenteritis, an inflammation of the stomach or intestines,” as stated on the CDC webpage.

This virus is spread through close contact with infected people and surfaces, particularly food.

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“Basically any place that people aggregate in close quarters, they’re going to be especially at risk,” said Dr. Sanjay Gupta, CNN’s Chief Medical Correspondent.

Preventing infection is possible but does require diligence. Just using hand sanitizer “does not work well against norovirus,” according to the CDC. Instead, the CDC advises washing your hands with soap and hot water for at least 20 seconds. When preparing food or cleaning fabrics — the virus “can survive temperatures as high as 145°F,” as stated by the CDC.

According to Dr. Gupta, its proteins make it difficult to kill, leaving many cleaning methods ineffective. To ensure a given product can kill the virus, he advises checking the label to see if it claims it can kill norovirus. Gupta said you can also make your own “by mixing bleach with water, 3/4 of a cup of bleach per gallon of water.”

For fabrics, it’s best to clean with water temperatures set to hot or steam cleaning at 175°F for five minutes.

As for foods, it’s best to throw out any items that might have norovirus. As a protective measure, it’s best to cook oysters and shellfish to a temperature greater than 145°F.

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Based on Alaska Department of Health data, reported COVID-19 cases are significantly lower than this time last year.

See a spelling or grammatical error? Report it to web@ktuu.com



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Sky Watch Alaska: planets align plus the aurora forecast

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Sky Watch Alaska: planets align plus the aurora forecast


ANCHORAGE, Alaska (KTUU) – This is a great time of year to do some star gazing. If you have clear skies in your part of Alaska, take the time to check out the night — and morning — sky.

After sunset, look toward the southwest. Saturn and Venus are snuggled up together (of course, they are more than 800 million miles apart) in the evening sky. They set at about 9:40 p.m. in Southcentral.

Before 9:40 p.m., you can see four planets with the naked eye — Saturn, Venus, Jupiter and Mars. Jupiter and Mars stick around through the morning. Mars is very close to the moon right now.

The Aurora forecast is fairly weak for the next few weeks. That’s not to say there won’t be the occasional burst but overall, solar activity is expected to be fairly low until the beginning of February.

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If you get great pictures of the planets, the sky, or the aurora, don’t forget to send them to Alaska’s News Source.

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Alaska

Short-lived cold snap, with another warming trend this weekend

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Short-lived cold snap, with another warming trend this weekend


ANCHORAGE, Alaska (KTUU) – Temperatures across the state are cooling off, as our strong low from the weekend moves into the Chukchi Sea. This will set up for colder air to spread across the state this week, as another short-lived cold snap is expected. While some light snow is possible for the Interior, areas of the Slope and Western Alaska, Southcentral will stay on the drier side until the night. Meanwhile, Southeast will continue to hold onto moderate rain with gusty conditions.

SOUTHCENTRAL:

Temperatures this morning are 10 to 20 degrees colder than yesterday, as colder air has settled back into Southcentral. Clear skies and calm winds are evident this morning for parts of the region, with light snow falling through the Copper River Basin. We’ll see fairly quiet conditions today, outside of Kodiak which will see increasing snow and rain into the afternoon and evening hours. This comes as our next area of low pressure moves up the Alaska Peninsula.

We’ll see light snow spreading north across the Kenai overnight into Wednesday, with light snow expected through Prince William Sound. Several inches are likely through the Kenai and Chugach Mountains, with the pass expected to see a couple of inches of accumulation. Western parts of the Kenai will see the potential for a few inches, while inland areas of Southcentral largely stay dry. If Anchorage and surrounding locations see any accumulation, it’ll amount to less than half an inch.

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As snow tapers off Wednesday, we’ll see the return to colder and drier conditions into Thursday. Thursday may be the coldest day this week across the region, before another warming trend carries us into next week. Right now holding with snow through early next week, but areas of wintry mix are possible as highs warm above freezing.

SOUTHEAST:

The winter storm warning for Skagway and higher elevations expired at 6am this morning. While some light snow showers are still possible, little accumulation will occur the rest of the day. Scattered to periodic showers are occurring elsewhere across Southeast today, with less than half an inch of rainfall through the day. Any moisture available into the evening will see a transition to some wintry mix or snow into Wednesday morning. However, the better chance will come from another low lifting north into the panhandle. Any snow and wintry mix we see for Wednesday will primarily stay confined to the central and southern panhandle. We’ll see much cooler weather taking hold this week for Southeast.

INTERIOR:

Some areas of light snow are possible this morning, with less than half an inch to be expected. While temperatures are still warm for much of the Interior, highs will steadily fall throughout the day. Many areas will see lows bottom out near or below zero by tomorrow morning. We’ll see high pressure keep things dry and sunny through the next couple of days, with the coldest stretch of weather from Wednesday morning into Thursday morning. Much like the rest of the state will experience, a warming trend arrives this weekend. We’ll see the return to highs in the 20s, with some snow in the forecast. Be prepared for some gusty conditions through the Alaska Range by the close of this week.

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SLOPE/WESTERN ALASKA:

Areas of light snow and blowing winds will continue to impact the Slope, with a winter weather advisory remaining in place for the Central Brooks Range and the Beaufort Sea Coast. Both locations will see up to 1 inch of snow and gusty winds up to 35 mph. While the winter weather advisory will expire for the Central Brooks Range this afternoon, the Beaufort Sea Coast will see the alert continue into Tuesday evening. Snow and blowing snow will be the primary impact today, with a return to colder weather through the rest of this week, this comes as high pressure settles into the area.

The storm responsible for the damaging winds for Southcentral over the weekend, has pushed north into the Chukchi Sea. We’ll still see some light snow accumulations for Western Alaska, with 1 to 3 inches expected. Some fo the heaviest snow will fall across the Seward Peninsula and the Western Brooks Range.

An area of low pressure in the Bering Sea will keep gusty winds and snow in the forecast for Gambell/St. Lawrence. Be prepared for heavy snow at times and areas of reduced visibility. Overall, colder weather will settle into Western Alaska, with the possibility of morning fog in the valleys over the next few mornings.

ALEUTIANS:

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Some light areas of snow will occur for the Pribilof Islands and into parts of the Alaska Peninsula today, as a weak low moves up the Peninsula. This will be the main focus for snow into Wednesday for Southcentral. This low will bring heavy precipitation and gusty winds for the Eastern Aleutians and the Alaska Peninsula. Looking ahead through the rest of the week, we can expect to see more a ridge beginning to build into the region. This ridge will slowly shift east, keeping several upper level disturbances traversing the Aleutians. Temperatures will remain fairly warm in the 30s and 40s.

OUTLOOK AHEAD:

Model consensus continues to agree on another warming trend heading our way into next week. This stretch of warmth will likely lead to many spots cementing themselves within the top warmest January’s on record. While we’ll spend the rest of this week on the colder side, highs steadily climb this weekend into next week. We’ll see highs in Southcentral climbing back above freezing, with areas of the Interior climbing back into the 20s.

Have a safe and wonderful Tuesday!

See a spelling or grammar error? Report it to web@ktuu.com

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