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STATE, DHSS v. NATIVE VILLAGE OF CURYUNG

No. S-11355.

151 P.3d 388 (2006)

STATE of Alaska, DEPARTMENT OF HEALTH AND SOCIAL SERVICES, DIVISION OF FAMILY AND YOUTH SERVICES; and Tom Cherian, in his official capacity as Acting Director of the Division of Family and Youth Services, Petitioners, v. NATIVE VILLAGE OF CURYUNG, on its own behalf and as parens patriai on behalf of its members, and Native Village of Ekwok, on its own behalf and as parens patriae on behalf of its members, Native Village of Kwinhagak, on its own behalf and as parens patriae on behalf of its members, and Chevak Native Village, on its own behalf and as parens patriae on behalf of its members, Respondents.

Supreme Court of Alaska.

December 15, 2006.

Attorney(s) appearing for the Case

Dan N. Branch, Assistant Attorney General, and Gregg D. Renkes, Attorney General, Juneau, for the Petitioners.

E. Leigh Dickey, James J. Davis, Jr., Nikole Nelson, Alaska Legal Services Corp., Anchorage, and Edward K.M. Bilich, Peter J. Wang, Jonathan Berman, Jones Day, Washington, DC, for the Respondents.

Heather Kendall-Miller, Native American Rights Fund, Anchorage, for Amicus Curiae Kenaitze Indian Tribe, IRA, Native Village of Venetie IRA Tribal Government, Tuluksak Native Community, Mentasta Lake Village, and Sitka Tribe of Alaska.

Before: BRYNER, Chief Justice, MATTHEWS, EASTAUGH, FABE, and CARPENETI, Justices.

OPINION

BRYNER, Chief Justice.

I. INTRODUCTION

Several Alaska Native Villages bring suit under 42 U.S.C. § 1983 against the State of Alaska and the Acting Director of the Division of Family and Youth Services. The villages allege ongoing systematic violations of the Adoption Assistance Act and the Indian Child Welfare Act. The superior court dismissed some of their claims, but denied the state's motion to dismiss all of the...

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