Alaska

An Alaska Tribal court judge breaks down ICWA’s past, present and future

Published

2 years ago

November 10, 2022

An Alaska Tribal court judge breaks down ICWA’s past, present and future

On November ninth, the U.S. Supreme Court docket heard Haaland v. Brackeen, a case that challenges the constitutionality and the way forward for the Indian Youngster Welfare Act (ICWA).

ICWA was established in 1978 “to guard the most effective curiosity of Indian Youngsters” by creating federal requirements for eradicating Native kids from their households and ensuring Native kids had been positioned in properties that will mirror their tradition.

Decide Debra O’Gara 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 court docket techniques.

O’Gara, who’s Lingít, Yupik and Irish, lives in Petersburg. She and her siblings had been raised by a single mother who labored nights as a cocktail waitress.

“In one of many suburban, predominantly white neighborhoods that we lived in, there was twice in my childhood the place [Child Protective Services] was referred to as in and an investigation was performed,” she stated. “There have been assumptions that we weren’t taken care of as a result of my mother wasn’t dwelling at night time. Actually, we truly had been taken care of and had someone staying there with us. We had been doing simply wonderful.”

This was earlier than ICWA, and these childhood experiences led O’Gara to carve out a profession defending Native households from pointless separation.

The state of ICWA in Alaska

O’Gara stated that some states are higher than others at adhering to ICWA.

“However proper now, Alaska, I’d say, shouldn’t be doing so effectively,” she stated. “The state of Alaska has not adopted the spirit or the letter of the legislation.”

Greater than 20% of Alaskans are Alaska Native or Native American, however about 55% of youngsters in state custody are Alaska Native.

O’Gara stated that many of those kids are ultimately adopted by non-Native households and infrequently even faraway from Alaska, regardless of the passage of ICWA.

Ed Schoenfeld

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O’Gara within the Juneau courtroom of the Central Council of Tlingit and Haida Indian Tribes of Alaska in 2017.

“So what occurs there’s the Tribe loses their kids,” she stated. “And the youngsters lose their connection to their Tribal affiliation. For these of us right here in Southeast that develop up in a clan, they lose their id as a clan, what clan they belong to, what home they belong to, what their Lingít identify is or identify who their family are, and that complete belonging and figuring out who they’re.”

O’Gara pointed to a number of elements that result in this excessive share of Alaska Native kids being faraway from their properties. A few of it, she attributes to an absence of coaching and constant, expert employees within the state’s system resulting in a backlog of instances within the courts.

“Coaching must be in line with each new employees that is available in,” she stated.

With out that, she says, employees bias figures into the equation. For example, a part of many Native cultures is having many family dwelling below one roof. However for the state, a home with three or 4 occasions extra individuals dwelling in it than if it was a non-Native or white home is taken into account overcrowded.

In Southeast Alaska, clan members are thought of household.

“And that’s as that’s truly as robust as a blood relation, typically stronger,” O’Gara stated.

To her, these multi-generational households meant that there have been tons extra mentoring, alternatives for instructing and sharing childcare obligations.

However, as a result of these familial constructions are much less widespread within the U.S., she says, the system typically will get involved about who’s taking good care of the youngsters in these households.

“There’s prejudices and assumptions which might be made that then result in the youngsters being eliminated after they shouldn’t have been eliminated within the first place,” O’Gara stated. “After which when you get into that system, it’s actually onerous to show that there’s nothing happening.”

The place ICWA started

Earlier than ICWA, a technique Native kids had been systematically faraway from their households was by declaring they had been uncared for or abused by their dad and mom. One other method is perceived “poverty and lack of parenting by Western requirements” says O’Gara.

“There was an incredible outcry within the 60s and 70s concerning the continued removing of youngsters,” O’Gara stated. “On the similar time that this was taking place, there have been additionally kids being faraway from their communities and compelled to enter boarding faculties, which we within the Native group all find out about.”

She added that this was particularly devastating to the Native group as a result of a lot of the tradition relies on the land they reside on and the ceremonies which might be carried out with their households.

“The removing of the Native kids was simply one of many methods to fully annihilate and disappear Native individuals,” she stated.

When ICWA was lastly handed in 1978, O’Gara says it acknowledged that kids have the fitting to know who they’re.

“It additionally acknowledged that the Tribe had a authorized curiosity in defending the Tribe’s kids,” she stated.

The way forward for ICWA

Right this moment, ICWA is usually thought of the “gold customary” for all kids by little one welfare specialists.

“The opposite factor that ICWA did is to mandate placement preferences,” O’Gara stated. “And the location preferences, I’ve at all times argued, needs to be universally utilized to not simply Native kids, however to all kids who discover themselves within the little one welfare system.”

These placement preferences she outlined imply that kids faraway from their dad and mom would first be positioned with household. The following choice after organic household is clan household or psychological household, which incorporates group members and long run mates, she stated.

“Lastly, when all of these [options] have been exhausted, and there’s no placement discovered, then with an acceptable non-Native household,” she stated. “Usually within the present little one welfare system in Alaska, these first three get omitted. And there’s efforts to proceed to have these techniques be improved, in order that the primary that the preferences could be positioned.”

O’Gara believes that oldsters who’re being accused of neglect or abuse of a kid want time to hunt remedy or assist, however within the meantime, kids shouldn’t lose their linked to their group or their household.

The plaintiffs within the Brackeen v. Haaland case say that giving further assist to Native dad and mom and prioritizing Native properties for Native kids violates the equal safety clause.

“So one argument I’ve heard is that Native [people] shouldn’t be given particular remedy,” O’Gara stated. “Properly, my reply to that’s the pointers needs to be utilized to everyone equally… As a result of all kids even have the fitting to know who they’re, who their household is, the place they belong, and a few of their household historical past.”

She thinks that offering energetic efforts and providers for fogeys and youngsters — like these outlined in ICWA — would “profit each little one within the little one welfare system.”

“We’re not only a minority like all group,” she stated. “We now have a particular relationship with the federal authorities, in that we’re sovereign nations.”

There have been many makes an attempt to vary or weaken ICWA in numerous state courts, however she additionally sees this as a chance for states to go in and strengthen ICWA. Washington state, the place O’Gara grew up, has additional provisions that defend Indian kids greater than the federal ICWA does.

“And definitely Alaska is ready to do this,” she stated. “Ever since ICWA has handed, there’s been political forces which have tried to eradicate it, they usually haven’t but been profitable. It doesn’t imply that it’s not as robust because it was after we first handed. And in some unspecified time in the future, we will flip that tide and get again to strengthening it.”

This story is from KTOO, our accomplice station in Juneau.

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Alaska

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

Published

8 hours ago

January 15, 2025

Press Room

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.

“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.

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

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Alaska

Sky Watch Alaska: planets align plus the aurora forecast

Published

16 hours ago

January 14, 2025

Press Room

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.

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

Published

24 hours ago

January 14, 2025

Press Room

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.

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.

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:

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!

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