Legislature(2019 - 2020)CAPITOL 106
03/21/2019 08:00 AM House TRIBAL AFFAIRS
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| Audio | Topic |
|---|---|
| Start | |
| Presentation(s): Impacts of Law & Policy on Alaska Native Villages and Alaska Native Victims | |
| Alaska Tribal Child Welfare Compact | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
ALASKA STATE LEGISLATURE
HOUSE SPECIAL COMMITTEE ON TRIBAL AFFAIRS
March 21, 2019
8:08 a.m.
MEMBERS PRESENT
Representative Tiffany Zulkosky, Chair
Representative Bryce Edgmon, Vice Chair
Representative John Lincoln
Representative Dan Ortiz
Representative Chuck Kopp
Representative Dave Talerico
Representative Sarah Vance
MEMBERS ABSENT
All members present
COMMITTEE CALENDAR
PRESENTATION(S): Impacts of Law & Policy on Alaska Native
Villages and Alaska Native Victims
- HEARD
Alaska Tribal Child Welfare Compact
- HEARD
PREVIOUS COMMITTEE ACTION
No previous action to record
WITNESS REGISTER
TAMI TRUETT JERUE, Executive Director
Alaska Native Women's Resource Center
Fairbanks, Alaska
POSITION STATEMENT: Presented on the impacts of law and policy
on Alaska Native villages and victims.
NICOLE BORROMEO, Executive Vice President & General Counsel
Alaska Federation of Natives (AFN)
Anchorage, Alaska
POSITION STATEMENT: Presented on the Alaska Tribal Child
Welfare Compact.
NATALIE NORBERG, Director
Office of Children's Services (OCS)
Alaska Department of Health and Social Services (DHSS)
Juneau, Alaska
POSITION STATEMENT: Presented on the Alaska Tribal Child
Welfare Compact.
ACTION NARRATIVE
8:08:01 AM
CHAIR TIFFANY ZULKOSKY called the House Special Committee on
Tribal Affairs meeting to order at 8:08 a.m. Representatives
Talerico, Kopp, Lincoln, Ortiz, and Zulkosky were present at the
call to order. Representatives Edgmon and Vance arrived as the
meeting was in progress.
^PRESENTATION(S): Impacts of Law & Policy on Alaska Native
Villages and Alaska Native Victims
PRESENTATION(S): Impacts of Law & Policy on Alaska Native
Villages and Alaska Native Victims
8:08:56 AM
CHAIR ZULKOSKY announced that the first order of business would
be a presentation on tribal law and jurisdiction.
8:09:14 AM
TAMI TRUETT JERUE, Executive Director, Alaska Native Women's
Resource Center, began a PowerPoint presentation [hard copy
included in the committee packet] titled "Impacts of Law &
Policy on Alaska Native Villages and Alaska Native Victims.
She introduced herself and described her educational
credentials. She identified herself as a resident of the
Village of Anvik and said she has worked as a tribal
administrator, social worker, and in other capacities in Anvik
for over 27 years. She said her husband was the tribal chief
for over 27 years. She described his firsthand experience
responding to various and constant crises, such as search and
rescue operations, children in need, and sudden and suspicious
deaths. She described her role in facilitating these responses
and opening her home to people in need. She said all those
experiences have contributed to the presentation she is giving
today. She addressed two images on page 1 of the slideshow, the
first an old photograph portraying grandmothers standing on a
hill and the second a recent photograph portraying five children
who are direct descendants of the grandmothers. She noted that
both photographs were taken on the same river. She said, "The
direct correlation of the land, the people, and the community is
extremely strong." She stated that it is important to note when
discussing tribal affairs or tribal authority that "their
ancestors have meaning."
MS. JERUE addressed slide 2, which featured a language map of
indigenous languages in Alaska. She said Alaska has 229 of the
nation's 573 federally recognized tribes, amounting to over 40
percent. She commented on the breadth of tribal experience
contained in Alaska and opined that it is something of which
Alaskans can be proud. She remarked that the language map
reflects distinct language groups with distinct cultures and
ways of life. She commented that, even though similarities
exist, it is important to be aware and careful in acknowledging
differences.
8:13:29 AM
MS. JERUE addressed slide 3. She explained that the rate of
violence against Alaska Native women is much higher than the
rate of violence in the United States as a whole. She shared
that she has 40 years of experience working in the field of
domestic violence and sexual assault. She spoke to the tepid
degree with which Alaskans have grappled with high violence
rates.
MS. JERUE addressed slide 4, titled "Principles of Sovereignty."
She mused on the idea of sovereignty and compared tribal
sovereignty to the sovereignties of the United States of America
and the State of Alaska (SOA). She said the idea of inherent
sovereignty applies to tribes, explaining that sovereignty is
not given, rather it is part of the identity of the group of
people. She listed additional sovereign principles: Health,
safety, and political integrity, as well as community health and
survival. She spoke again to high rates of violence. She said
SOA has unfortunately not adequately met the needs of Alaskas
tribal system. She said "immediate and local response" is
another principle of sovereignty. She opined that tribes must
practice self-responsibility in order to keep their citizens
accountable. She listed additional sovereign principles: Self-
determination and safety, children and culture, traditions, and
language. She remarked that when considering language, one must
look beyond the mere speaking of the language. She explained
that language is closely tied to identity. She also described
the often-intricate ways of understanding tied to languages and
noted that some languages contain meanings that are different
than those found in English. She commented that language can be
tied into a sovereign or cultural belief system.
8:16:35 AM
MS. JERUE addressed slide 5 and spoke to the issue of
jurisdiction in Alaska. She said Public Law 280 [passed by the
United States Congress in 1953] has major implications for
tribal Alaska because it eliminates most - though not all of
the federal criminal jurisdiction in Indian Country. She noted
that there is federal jurisdiction in Indian Country for felony
offenses. She said Public Law 280 authorized states to apply
their statewide criminal laws in Indian Country to Indians and
non-Indians. She said it opened state courts to private suits
against Indians arising out of Indian Country. She said it also
authorized states not tribes to retrocede their jurisdiction
to the federal government.
MS. JERUE addressed slide 6. She restated some of the effects
of Public Law 280.
MS. JERUE addressed slide 7. She explained that Public Law 280
did not authorize states to exercise jurisdiction over trust
lands nor over federally protected hunting and fishing rights.
She added that it did not eliminate preexisting tribal
jurisdiction. She disclosed that she does not have a legal
background but stressed that these are "the facts from the law."
8:19:35 AM
MS. JERUE addressed slide 8. She said the concept of "Indian
Country," defined under 18 U.S.C. ? 1151, is problematic because
228 of Alaska's tribes are not federally designated as such.
She explained that only the Metlakatla Indian Community is
defined under federal law as Indian Country. She restated
that Public Law 280 impacts Indian Country. She referenced
Alaska v. Native Village of Venetie Tribal Government, 522 U.S.
520 (1998), which she said, "changed the designation in Alaska
for any Indian Country." She stated that the Alaska Native
Claims Settlement Act (ANCSA) changed things in Alaska. She
remarked that most Native lands in Alaska do not constitute
"Indian Country," therefore Public Law 280 is largely irrelevant
in Alaska, apart from allotments and trust land. She commented
that this information informs discussions about jurisdiction.
MS. JERUE addressed slide 9. She said concurrent jurisdiction
is "the one thing that did stay in place." She stated that the
SOA has concurrent jurisdiction over most matters that arise in
tribal villages. She defined concurrent jurisdiction as a
scenario in which more than one sovereign entity holds power.
She noted that this does not mean that the village power is any
less than SOA's power, though opined that this "is not
necessarily true." She mentioned that she has a great deal of
respect for the Division of Alaska State Troopers (AST) and
voiced some of the challenges faced by AST when policing rural
areas. She said she also has respect for the Village Police
Officer (VPO) and Tribal Police Officer (TPO) programs, as well
as other police officers. She spoke to the importance of having
a swift and effective police response. She argued that it is
difficult to work toward justice in tribal courts and/or state
courts when such response is insufficient.
8:22:29 AM
MS. JERUE addressed slide 10. She said it is important to state
that Public Law 280 did not eliminate pre-existing tribal
jurisdiction. She noted that tribal courts have exercised
authority over people and places for thousands of years, and
they can still assert their authority over their members and
internal matters. She spoke to the importance of understanding
that tribal courts have authority over their members. She said
that authority does not currently manifest itself "because of
those other laws that eliminated the Indian Country
designation over a land base." She reiterated that this can be
problematic, especially as relates to lawless communities.
She used Anvik as an example, noted that there was a law
enforcement figure present for only 5 of the 27 years during
which her husband served as tribal chief. She spoke to the
short tenures of Village Public Safety Officers (VPSOs) and the
infrequent presence of TPOs. She stated that law enforcement
officials from the Aniak AST post often had to respond to
incident in Anvik. She noted that the Aniak AST post was itself
supervised by the Bethel AST post. She remarked that immediate
law enforcement response was infrequent during times of need.
She identified this is a major issue, arguing that there needs
to be some sort of response. She said that when things happen,
the most immediate respondent was some sort of trusted community
figure.
MS. JERUE addressed slide 11, titled "Unique Circumstance in
Alaska." She said the United States Supreme Court decision in
the Venetie case tied the hands of many tribal jurisdictions.
She said there are "a lot of differing opinions" on ANCSA. She
referenced the Alaska National Interest Lands Conservation Act
(ANILCA). She said the remote location of many Alaskan
communities creates challenges. She opined that more creative
solutions are necessary for helping rural citizens.
8:25:38 AM
MS. JERUE addressed slide 12, which featured various photographs
of transportation devices, including an airplane, snowmobile,
all-terrain vehicle (ATV), dog sled, and small boat. She said
these photographs illustrate the isolation of rural villages and
how residents travel. She said she believes in tribal and local
community response. She opined that a community knows what it
needs. She said identifying needs is critical for holding
people accountable. She spoke to the challenge of holding
people accountable when there is no law enforcement presence
over a long stretch of time. She noted that prosecutors are
unable to move forward without adequate evidence, so offenders
are not often held accountable. She said communities would
operate more smoothly if there were a local tribal authority
willing to step in and hold citizens to a high standard. She
said she advocates for community accountability and response.
MS. JERUE stressed that tribal courts need resources to
effectively facilitate systems of accountability and response.
She said the high levels of victimization in Alaska - especially
in tribal communities are linked to resource disparities. She
stressed that "resources" is more than just funding; it includes
staffing, training, and vehicles for enforcing both state and
tribal codes. She spoke to the importance of understanding
where state and tribal codes intersect and where they differ.
She stressed the importance of responsible partnerships in
securing funds and understanding a community's needs. She
relayed tribal leaders' complaints about the lack of respect for
longstanding tribal jurisdiction/sovereignty and insufficient
levels of response from law enforcement in support of tribal
courts. She referenced a question asked by Representative
Edgmon at a previous hearing about whether drugs and alcohol
create "most of the problems." She remarked that drugs and
alcohol are a huge problem in rural Alaska, but the roots of the
problem are much deeper than just those substances. She said
drugs and alcohol are a symptom of a larger problem. She
reiterated the need for resources in helping tribes establish
healing services in their communities.
8:29:55 AM
REPRESENTATIVE LINCOLN asked if Public Law 280 offered any
opportunities for tribes to receive federal funding for law
enforcement.
MS. JERUE answered yes but said it is complicated. She said law
enforcement funding usually comes from the Bureau of Indian
Affairs (BIA) and the Office of Community Oriented Policing
Services (COPS) under the federal Department of Justice (DOJ).
She said jurisdictional issues that arose from Public Law 280
has rendered BIA unable to fund law enforcement positions in
Alaska. She noted that United States Senator Ted Stevens had
worked to enable tribes to accept COPS funds to hire TPOs. She
stated that TPOs must abide by tribal code, but said issues
arise when tribal code does not align with state code. She
commented that there is a lack of training for COPS-funded
positions. She mentioned that AST conducts a two-week training
course for TPOs. She called the training "very minimal." She
shared that other tribes in Alaska have attempted to get their
TPOs admitted to the United States Indian Police Academy
operated by BIA in Arizona. She said roadblocks stemming from
Public Law 280 mean that "the only real overlap that has been
available" is under the Violence Against Women Act (VAWA). She
said VAWA contains provisions that allow any protective order
issued through a tribe to be administered through any law
enforcement agency within the vicinity, including AST, TPOs,
VPSOs, and federal officers. She reiterated that she believes
the problems relating to law enforcement stem from issues
pertaining to "Indian Country" designation, lack of training,
lack of opportunity, and confusion relating to enforcement of
multiple codes.
8:33:03 AM
CHAIR ZULKOSKY thanked Ms. Jerue for her dedication to Alaskan
tribes and for her testimony.
MS. JERUE thanked the committee for allowing her to speak.
^Alaska Tribal Child Welfare Compact
Alaska Tribal Child Welfare Compact
8:33:20 AM
CHAIR ZULKOSKY announced that the final order of business would
be a presentation on the Alaska Tribal Child Welfare Compact.
8:33:45 AM
NICOLE BORROMEO, Executive Vice President & General Counsel,
Alaska Federation of Natives (AFN), said AFN is the oldest and
largest statewide native organization in Alaska. She added that
AFN was established over 50 years ago as an umbrella
organization to ensure a fair and just settlement of land
claims. She said AFN continues to work on issues of mutual
importance to the entire Alaska Native community. She noted
that she grew up in McGrath located on the Kuskokwim River. She
added that she holds a law degree from the University of
Washington. She said she is most proud of graduating from Mount
Edgecumbe High School (MEHS) in Sitka. She identified herself
as a product of the public-school system who attended the
University of Alaska Anchorage (UAA). She said she is licensed
to practice law in Alaska, Hawai'i, Washington, and on the
Tulalip Reservation.
8:34:45 AM
NATALIE NORBERG, Director, Office of Children's Services (OCS),
Alaska Department of Health and Social Services (DHSS), said she
was born and raised in Southeast Alaska. She stated that it is
a privilege to serve Alaska in her current position. She
introduced a video that she said would provide an overview of
the Alaska Tribal Child Welfare Compact.
8:35:22 AM
The committee took an at-ease from 8:35 a.m. to 8:36 a.m.
8:36:33 AM
MS. NORBERG played a video featuring various people speaking
about the Alaska Tribal Child Welfare Compact. The video opened
with an interview with Ms. Borromeo, who said the following:
It is time. Our children deserve this. This compact
is for them. It's going to change the trajectory of
our future. We'll be able to pinpoint this moment in
time 15 years from now, 10 years from now, and say,
"This is when it changed. This is when we took
control of our own destiny and started to rewrite how
our history is going to unfold."
The video then shifted to an interview with Will Mayo, the Board
Co-Chair of AFN, who said the following:
There are many things in the history of the Native
people and the tribal community that sent a message to
us that, as we grew up, that our communities - our
governments - were not important. And as we moved
into adulthood, we struggled with that, and feeling
like we have a place in our own homeland, so to speak,
in our own traditional land and cultures. Advances
like this, and having people acknowledge and recognize
our authority and our place, to me, it gives me a
sense of coming home, of having a home. And then
there's a freedom that comes. There's a lifting of a
burden that comes when important steps like this are
made.
The video ran footage of the compact deliberations from 2017.
The video then shifted to an interview with Valerie Davidson,
then-Commissioner of DHSS, who said the following:
I think a lot of the emotion in that room was really
about generations of people telling Alaska Native
people and Alaska Native leadership that who we were
as people wasn't enough. And that's just not true.
And I think it was a recognition of the fact that, in
our communities, if we have our tradition, if we have
our culture, if we have our language, we have enough.
We have what it takes to keep our children strong and
safe.
The video then shifted to an interview with Kristie Swanson of
OCS, who said the following:
We've been trying to think of ways to have the tribes
be able to provide the services that they have the
inherent right to do so. They have their sovereign
nations and this compact provides the opportunity to
do just that, to provide services to their children
and families within their home communities.
The video then shifted to an interview with Vivian Korthuis, CEO
of the Association of Village Council Presidents, who said the
following:
Tribes and tribal organizations will always act in the
best interest of the tribe. Our tribes are made up of
families, extended families, large extended families.
So, it's our obligation as leaders to create the
framework in which to move forward anything, including
compacting, as a tool to ensure that our communities
are strong. That's really what it means.
The video then shifted to an interview with Christy Lawton,
then-Director of OCS, who said the following:
We know that Alaska Natives are disproportionately
represented when they come into foster care and then
as they go through the foster care system, their
outcomes are worse than their non-native counterparts.
So, we believe that kids will do better when they're
served closest to home, and particularly if they're
served by their own tribe or tribal organization.
Those families are going to be far more receptive to
engagement and to working through those really
difficult issues, than they are with the state.
The video then shifted to an interview with Francine Eddy-Jones,
Director of Tribal Family & Youth Services for Central Council
Tlingit and Haida, who said the following:
What the compact, in my opinion, does, is it really
empowers tribes to exercise their ability to develop
and implement culturally relevant services that really
truly meets the needs of our children and families,
and really impact how we provide the services.
The video shifted back to Valerie Davidson, who said the
following:
The Alaska Tribal Child Welfare Compact is a
recognition that Alaska Native culture keeps Alaska
Native children safe. This historic agreement, really
the first of its kind in the United States, is an
agreement between the State of Alaska and Alaska
tribes that recognizes the authority of tribes to
provide child welfare services in their communities.
The video then shifted to an interview with Karen Forrest, then-
Deputy Commissioner of DHSS, who said the following:
This agreement strengthens all Alaskan families
because it gives us the opportunity to work more
closely with our partners to provide services for kids
all across Alaska. And the other thing that this does
is it sets a framework for government to government
agreements with tribes going forward into the future
for other potential services besides child welfare
services.
The video then shifted to an interview with Myron and Agnes
Naneng, who are foster parents. Mr. Naneng said the following:
I think it's a step in the right direction. Our
culture, before we are even at the state or the
federal government involved in our lives, the villages
worked hard to help support other families. We've
gone through times of famine and times of abundance,
but whenever they have an abundance, they share it
with the families in need. And they looked out for
each other. So, I think, in essence, becoming a
foster parent is just like going to that culture for
your other fellow men, and especially children that
are in need.
The video then returned to the interview with Ms. Borromeo, who
said the following:
So, having our children be in that environment where
they have regular access to their elders and to their
culture so that one day, they can be the elder and
hand down our cultures and traditions to the next
generation is vitally important to the native
community.
An unnamed narrator then said the following:
Our culture is the heartbeat of our people. It's what
guides us and connects us. Our children deserve
better and we can do better.
8:43:55 AM
CHAIR ZULKOSKY shared that seeing images of home in the video
made her slightly homesick.
8:44:04 AM
MS. NORBERG began a PowerPoint presentation [hard copy included
in committee packet] and addressed slide 2. She provided an
overview of the Indian Child Welfare Act (ICWA) of 1978, which
she called a major piece of federal legislation that governs the
work done in Alaska relating to child welfare. She stated that
ICWA recognized and responded to the fact that many American
Indian and Alaska Native children were being taken into state
custody and adopted by Caucasian families. She said those
children were being forever lost to their tribes. She
summarized the situation as "tribal children being taken away
from their tribal nations, and there was nothing the tribes
could do about it." She stated that ICWA, which sought to
correct the situation, provides for additional oversight,
special conditions, and scrutiny related to Alaska Native and
American Indian child cases handled by the state child welfare
systems. She said ICWA provides special protections for "Indian
children," defined as children who are enrolled or eligible for
enrollment in a tribe. She added that ICWA specifically allows
tribes to enter as a legal party in a child welfare case,
permitting them to express their interest in the case separate
from the interests of the parent and child.
8:45:50 AM
MS. NORBERG addressed slide 3. She said ICWA requires "active
efforts" on a case. She explained that, several years ago, the
federal government finally provided regulations and guidance to
define "active efforts." She said that, in Alaska, "active
efforts" means that services must be provided to families,
included extended families, to try to keep children within their
biological families and tribal communities. She stated that
case planning must involve as many family and tribe members as
possible. She added that services are to be provided in a
manner that is culturally consistent.
MS. NORBERG addressed slide 4. She said another provision of
ICWA is the requirement for a hierarchy of placement
preferences. She explained that states are held to this
requirement to ensure that foster children are placed as
follows, in decreasing order of preference: with a family
member, in a licensed home approved or licensed by the tribe, in
an Indian foster home approved by the tribe, or in an
institution that has been approved by the tribe. She added
that, in adoptive situations, ICWA establishes a hierarchy under
which the primary preference is adoption by a member of the
child's extended family. She said the secondary preference is
adoption by another member of the child's tribe and the tertiary
preference is adoption by another Indian family.
8:47:44 AM
MS. NORBERG addressed slide 5. She said the Alaska Tribal Child
Welfare Compact came about because of an understanding that,
even with the passage of ICWA, there are still significant
disparities in Alaska's child welfare system for Alaska Native
children. She stated that Alaska Native children make up about
23 percent of the child population in Alaska yet make up 64
percent of the children in foster care. She added that, once
they enter into the foster care system, those children's
outcomes tend to be worse. As an example, she shared that 17
percent of Alaska Native children experienced repeated
maltreatment in 2018. She compared that figure to the 9 percent
figure for non-Native children in Alaska. She added that the
national average is 6.8 percent. She commented that Alaska
faces real problems related to maltreatment and repeated
maltreatment.
MS. NORBERG addressed slide 6. She said the work to address
these problems did not begin with the Alaska Tribal Child
Welfare Compact. She commented on long-term relationships and
collaborative work between OCS and tribal partners, noting that
the work has been ongoing for nearly 25 years. She said the
work started when tribes were able to draw down federal funds
for child welfare services through Tribal Title IV-E. She
remarked that there are 11 tribes and tribal entities in Alaska
that currently have "pass through" agreements to draw down
federal funds. She explained that Tribal Title IV-E is the
major federal funding source for child welfare. She said tribal
entities can leverage Tribal Title IV-E to build their own child
welfare systems through funds for training, case management, and
support services for families in SOA's child welfare system.
She explained that OCS and its partners from tribes with
existing child welfare programs have worked to develop
strategies to address disproportionality and to ensure SOA's
compliance with ICWA.
8:50:34 AM
MS. BORROMEO addressed slide 7. She said the Constitution of
the United States of America grants plenary power over Indian
Affairs to the United States Congress. She explained that this
gives the federal government exclusive rights to enter into
agreements with tribes. She added, "They have extended that to
states as well." She continued, "As a basic principle, a
compact is established on sovereignty of federally recognized
Indian tribes." She said tribes have inherent authority to
provide for the health, safety, and welfare of their members, as
well as individuals who are eligible for membership in the
tribe. She commented that the compacting model arose during the
self-determination and self-governance era that began in the
1960s. She remarked that federal Indian law and policy has had
many different eras, including some she described as "darker
times." She characterized the current era as one of self-
determination and self-governance, in which the federal
government endeavors to strengthen the inherent governance
authority of tribes. She referenced the section of the video in
which Ms. Davidson spoke about the compacting model and called
the Alaska Tribal Child Welfare Compact a "first of its kind"
agreement for SOA. She said SOA is "really on the edge of law
and policy in negotiating a compact of this nature at the state
level. She commented that no other state has done something
like it. She expressed pride in the work that went into the
compact. She stressed the importance of knowing the difference
between a compact and a grant. She said the compact is not
contingent on the tribes performing specific services. She
described the 10-month negotiation phase that shaped the compact
and noted that it was drafted jointly between DHSS
representatives and tribal cosigners.
8:53:12 AM
REPRESENTATIVE LINCOLN asked how eligibility for tribal
membership is determined. He referenced what had been said
about tribes having authority over their members and
individuals eligible for membership.
MS. BORROMEO said eligibility is determined at the tribal level.
She stated that all tribes are their own independent sovereign
entities. As an example, she said a tribe in Kotzebue could not
determine eligibility for a tribe from McGrath. She noted that
in order to be considered an Indian for federal benefits, one
must have a blood quantum of 25 percent of higher. She
mentioned that some tribes have lowered that blood quantum for
purposes of enrollment in their services. She said that is
"perfectly permissible, but in order to be considered an Indian
for political classification doctrine purposes, there is a blood
quantum requirement."
8:54:18 AM
REPRESENTATIVE LINCOLN stated that the Native Village of
Kotzebue accepts tribal members from different tribes and
backgrounds. He noted that Noorvik Native Community welcomes
people with no American Indian or Alaska Native blood to become
members. He expressed confusion because there is a huge range
of membership policies across tribes. He asked, "For this
purpose, you need to comply with the federal rules around the
quarter blood quantum?"
MS. BORROMEO confirmed that "Indian" is defined in the compact
through the federal definition found in ICWA. She said that is
how "Indian child" is also defined. She stated that the compact
recognizes how a tribal organization defines its service
population, which "play[s] into the different services that they
can provide." She noted that it is permissible for a child to
be enrolled in two different tribes if the parents are from
those different tribes and the tribes allow dual enrollment.
She said not all tribes in Alaska allow dual enrollment. She
added that some tribes require the parents to choose one tribe
in which to enroll the child. She said the topic of non-Native
enrollment is a gray area for many tribes. She stated that when
a non-Native is adopted into a tribe, it is often for ceremonial
purposes or for public recognition, and not necessarily for the
delivery of services and programs.
8:56:08 AM
MS. BORROMEO addressed slide 8. She said the Alaska Tribal
Child Welfare Compact, which seeks to enable tribes to deliver
services previously rendered by OCS, accomplishes its goals
through the Service Support Funding Agreement (SSFA). She
characterized the compact as "an overarching umbrella agreement
between SOA and the different tribal cosigners." She said the
compact contains 11 sections which cover a variety of topics.
She touched on a few of them before highlighting Article Six,
which she said covers the sharing of services and supports
between SOA and tribal co-signers without the exchange of funds.
She added that Article Seven discusses the different services to
be assumed by the tribes upon agreement of an SSFA.
8:57:25 AM
REPRESENTATIVE EDGMON asked whether it would be beneficial to
codify provisions of the compact into Alaska statute.
MS. BORROMEO answered "definitely." She explained that
codifying a regulation or policy makes it stronger. She opined
that there will be an opportunity to do that later. She noted
that implementation of the compact has only recently begun. She
said "some bugs" still need to be fixed. She repeated her
remark about operating on the edge of law/policy and said,
"We're not operating in an environment of perfection." She
stated that all compact cosigners committed at the outset to not
allow perfection to be the enemy of good. She said she does not
want to speak for SOA or any of the tribal cosigners but
expressed that it might be to too early to think about codifying
the compact as is.
8:58:39 AM
MS. BORROMEO addressed slide 9, which featured a list of 18
tribal cosigners representing 161 tribes. She commented on the
"incredible reach" the compact has across Alaska. She echoed
earlier testimony by Ms. Jerue pertaining to the fact that
approximately half of the nations federally recognized tribes
are in Alaska. She commented that the compact has the potential
to shape the implementation of tribal welfare services in Indian
Country across the nation. She noted that the compact has been
decades in the making. She spoke to the broad participation of
representatives from across Alaska in negotiating the agreement.
She expressed her intention to recognize everyone who
participated in the process. She discussed how tribal
organizations were each allowed two representatives: a decision-
maker and a subject matter expert.
9:01:01 AM
CHAIR ZULKOSKY asked for confirmation that the negotiations took
10 months.
MS. BORROMEO confirmed that negotiations over the 40-page
compact occurred over a 10-month span. She noted that over 20
attorneys worked on drafting the compact. She said it was "a
very collaborative effort." She recognized two attorneys she
deemed "phenomenal": Carla Erickson and Stacie Kraly.
9:01:33 AM
MS. NORBERG addressed slide 10. She introduced the timeline for
implementation of the compact. She said the compact was signed
and went into effect in December 2017. She said fiscal year
2018 (FY 18) was spent developing the necessary infrastructure
for implementation. She stated that this included the Initial
Diligent Relative Search (IDRS) scope of work, which she
explained means "the cosigners who signed on ... are searching
for relatives for children who come into the foster care
system." She noted that there are federal and state
requirements mandating that all relatives be identified and
notified within 30 days of a child coming into care. She
reiterated that the cosigners are doing that work for OCS. She
added that the cosigners have direct access to OCS's online
filing system, which means the data is being entered on OCS's
behalf. "So," she continued, "when the work is done, it's
done." She contrasted this with a system in which an OCS case
worker would be required to input the information.
9:03:09 AM
CHAIR ZULKOSKY asked for clarification on who has direct access
to the online filing system.
MS. NORBERG confirmed that the tribes have access to the system.
MS. BORROMEO clarified that the tribal cosigners and tribes are
not able "to just log on to the state system." She noted that
there are confidentiality agreements in place, as well as other
means to secure private information.
9:03:38 AM
MS. NORBERG confirmed that confidentiality agreements are part
of the compact. She addressed slide 11 and reiterated that the
compact is an overarching document. She relayed that OCS has
been busy working on various scopes of work under the compact.
She noted that OCS implemented IDRS during FY 19. She said
there are two more scopes ready to go and shared that she
anticipates them being activated soon. She said that, if OCS is
allowed to move forward with the compact in FY20, it will
implement two additional scopes of work.
9:04:37 AM
REPRESENTATIVE EDGMON noted that she said, "If we're allowed to
continue with the compact ..." He asked for elaboration.
MS. NORBERG stated that the Office of the Governor is still
evaluating the compact. She said OCS is moving forward with
anticipation and is "cautiously optimistic," but an ultimate
decision has not been made.
REPRESENTATIVE EDGMON asked for greater clarity on the timeline.
He asked if there is a certain point in time after which the
compact may be nullified.
MS. NORBERG said there are negotiation meetings scheduled for
mid-May. She expressed hopefulness that those meetings will be
able to continue. She added, "Other than that, I don't know
that we have a timeline."
MS. BORROMEO stated that the last round of scopes is effective
through the end of FY 19. She said if new scopes of work are
not started for FY 20, then a winddown process would need to
begin. She said the compact specifies how that would happen and
that it won't be an overnight type of thing." She clarified
that the programs would not be transferred immediately back to
the state on July 2, because that would not be in the best
interest of the tribes or the children they are serving. She
restated that the winddown process would have to begin if the
Office of the Governor does not decide on the continuation of
the compact.
9:06:32 AM
CHAIR ZULKOSKY commented that, as tribes begin to assume
collaborative work in partnership with SOA, it is important for
SOA to provide resources. She asked about SOA funding
authorized through FY 19 and what it supports.
MS. BORROMEO stated that her understanding is that the funds for
the compact, which she clarified are "very minimal," are
currently available. She said, "It's more of a policy decision
for the governor at this time."
9:07:46 AM
REPRESENTATIVE EDGMON said that the exercise is essentially
ministerial. He postulated that the decision whether to
continue the compact need not involve the input of the cosigners
or Department of Law (DOL).
MS. BORROMEO said that is correct.
9:08:12 AM
REPRESENTATIVE KOPP reflected on the statistic that there are
1,900 Alaska Native youths in SOA custody. He asked if the
compact is supported by enough resources within the tribal
community to support all 1,900 children. He mused that foster
parents can be hard to recruit. He asked about the system
capacity to effectively carry out the compact.
MS. BORROMEO said the short answer to that question is "no."
She said there is currently not adequate capacity in terms of
labor and financing for tribes and tribal organizations that
have signed onto the compact to fully assume the work. She
stated that much more funding is necessary. She commented on
Article Seven of the compact, which she said covers the most
important services for tribes and tribal organizations to take
on initially." She said those responsibilities include
decisions on protective services reports, initial assessments,
diligent relative searches and ICWA preference searches, in-home
case management, safety evaluations of unlicensed relatives,
initial licensing, renewal and support, out-of-home case
management, case worker visits, family contact, transportation,
and adoption and guardianship home studies. She called the list
"very expansive" and noted that more SOA resources will be
needed. She said that, through the Title IV-E program, tribes
"draw down" at a much higher rate than the state does when it
comes to federal reimbursement. She continued, "So, our foster
care and our child welfare system is primarily funded through
Title IV-E and when the state is reimbursed, they are only
reimbursed at [approximately 30 percent]."
MS. NORBERG said tribal reimbursements vary tribe to tribe, but
they are significantly more than 30 percent.
MS. BORROMEO said the approach prescribed in the compact would
also be more cost-efficient and cost-effective for SOA in the
long run. She added that there will need to be some dedication
of SOA resources "in order for the tribes to leverage what they
are already doing." She called the cosigners "masters" at
leveraging resources amongst each other and resources from the
federal government.
9:11:22 AM
REPRESENTATIVE KOPP remarked that it is clear the foster care
system needs additional support. He asked about the decision-
making process related to foster care under the compact when
resources are insufficient
9:12:08 AM
MS. BORROMEO said it is not an option to not place a child who
needs to be removed. She deferred to Ms. Norberg.
MS. NORBERG said the decision regarding placement [of a child]
must happen immediately. She stated that OCS attempts to
immediately notify the child's tribe when it is investigating a
case, allowing the tribe to aid in identifying potential
relatives. She said that when a relative cannot immediately be
found, the child is placed in "stranger" foster care with an
intention to continue the search for a relative to take the
child until the end of the case.
9:13:14 AM
MS. BORROMEO continued her presentation and noted that a
cosigner is not obligated to assume a scope of work if the tribe
or tribal council determines it is unable to do so. She said
there are different mechanisms to reroute or return funds that
had been previously earmarked for a tribe that decides not to
assume a scope of work.
9:14:04 AM
MS. BORROMEO addressed slide 12. She said one successful way to
leverage resources is through public-private partnerships. She
recognized Casey Family Programs (CFP), which she described as a
national organization focused on child welfare and foster care.
She said CFP has had a dedicated presence in Alaska for about 20
years. She stated that CFP provided seed money to assist the
compact negotiation process. She said it has continued to
support the process with technical assistance and financial
giving. She added that CFP has helped ensure that national best
practices are incorporated in the compact. She restated the
goal of leveraging existing resources to streamline funding from
SOA and other entities into grassroots services for Alaska
children.
9:15:14 AM
REPRESENTATIVE EDGMON asked for further clarification of
"streamlining funding" and OCS's role in the future, assuming
the compact remains intact.
MS. BORROMEO clarified that the intention is to expedite and
strengthen the work of regional child welfare workers. She
explained that it is easier for the tribe or someone working on
behalf of the tribe to identify close family members. She said
that is one example of how resources can be saved. She said
another example is transportation costs that would be saved by
avoiding long distance travel to smaller villages. Instead, she
explained, OCS could contact a cosigner and request that tribal
representatives perform an assessment.
9:16:47 AM
REPRESENTATIVE EDGMON said one cannot help but be in awe at the
potential significance of the compact. He recognized how
overworked OCS workers are and the restrictions that workload
places on their abilities. He said the potential of the compact
is larger than can be realized today.
MR. BORROMEO concurred. She said the compact has the potential
to improve the prospects of Alaska Native children. She
recognized that SOA is in a difficult position regarding
budgeting and revenue, but shared hope that members of both
legislative bodies can be made to understand the value of the
compact. She said the resources requested are not exorbitant,
but some funding is necessary to achieve the compact's
potential.
9:18:21 AM
REPRESENTATIVE KOPP stated that he finds the Alaska Tribal Child
Welfare Compact exciting because of its relevance to state
tribal education compacts, which he said he is committed to
pursuing. He shared hope that the Alaska Tribal Child Welfare
Compact can be a successful model to follow. He said the
education compacts are also about taking care of Alaska's
children, especially Alaska Native children.
9:19:16 AM
MS. BORROMEO addressed slide 13. She shared her long-term
vision for Alaska and expressed an intention for Alaska's
children to be served as close to home as possible. She
compared tribal services to local services. She noted that
tribal governments are effectively the only local governments in
many small villages, as the official local governments do not
have the resources to serve their populations. She remarked
that the compact is a matter of local control. She restated
that the goal is for services to be delivered in the most cost-
effective and cost-efficient manner. She shared that the tribes
and tribal organizations intend to supplement the work of OCS,
and vice-versa. She said she wants to see an end to repetitive
abusive behaviors within Alaska. She reflected on statistics
presented earlier relating to the high rates of maltreatment
among Alaska Native children. She said she wants to see
improvements in the outcomes of all Alaskan children. She
thanked the committee members and expressed the pride she and
Ms. Norberg feel to do the work they do.
9:21:11 AM
REPRESENTATIVE VANCE passed along a question from a constituent.
She asked about the correlation between the high percentage of
Alaska Natives in the prison system and the high rates of
maltreatment of Alaska Native children in foster care. She
shared that the compact gives her hope that the problem can be
addressed at the source.
MS. BORROMEO affirmed that those issues are related. She shared
her anecdotal knowledge about the links between difficult
upbringings and dysfunctional adulthoods. She relayed an
analogy posed by Senator Cathy Giessel which compared the
compact to a personal floatation device. She discussed the
future of the child welfare system in Alaska, explaining that
tribes and tribal organizations want to prioritize prevention
over intervention. She noted that the current system is more
focused on intervention because that is what is currently
needed. She expressed hope that the future of the system will
allow for opportunities to keep families intact. She called
poverty "the elephant in the room" and mused on the major
quality-of-life disparity between rural Alaska and urban Alaska.
9:23:36 AM
CHAIR ZULKOSKY asked Ms. Norberg if additional agreements have
been developed in the wake of the groundbreaking working done on
the Alaska Tribal Child Welfare Compact.
MS. NORBERG stated she is not aware of other agreements but said
she could research it.
CHAIR ZULKOSKY said she asked because she knows the Norton Sound
region has been "very involved in this work as well." She
mentioned the advocacy done by Kawerak, Inc. She expressed that
the committee would like to hear about any additional productive
models based on the work done on the compact.
9:24:46 AM
MS. BORROMEO said discussions with SOA have begun on possible
compacts related to education and corrections. She noted that
education negotiations would be different, as those would also
involve school boards and parents. She added that she would be
remiss if she did not recognize the work done by the First
Alaskans Institute (FAI). She recognized Liz Medicine Crow,
president and CEO of FAI for her contributions to the
negotiation process.
MS. NORBERG concurred on the importance of recognizing those
contributors.
9:26:18 AM
CHAIR ZULKOSKY thanked the two presenters for the presentation.
She said one focus of the committee has been to explore
compacting opportunities on a shared foundation of knowledge.
She reflected on discussions from previous committee hearings
about compacting and improved contracting/consultation within
state government. She discussed the broad spectrum of
relationship-building opportunities. She concurred with the
assertion that the signing of the Alaska Tribal Child Welfare
Compact was a historical moment. She said she wants the
committee to recognize that. She praised the compact and those
who participated in its development. She spoke to the
importance of finding transformational solutions and said she
looks forward to future conversations on areas of opportunity.
9:28:43 AM
ADJOURNMENT
There being no further business before the committee, the House
Special Committee on Tribal Affairs meeting was adjourned at
9:28 a.m.
| Document Name | Date/Time | Subjects |
|---|---|---|
| ANWRC 2 3.19.19.pdf |
HTRB 3/21/2019 8:00:00 AM |
Alaska Native Women Justice Center |
| Alaska Tribal Child Welfare Compact.pdf |
HTRB 3/21/2019 8:00:00 AM |
Alaska Tribal Child Welfare Compact |