Initial Report and Recommendations - Alaska Department of Law

9. Adequate legal infrastructure to handle cases & adequate infrastructure to provideservices.10. Who would investigate reports of harm?11. Authority for the State to place and reimburse foster parents for children in triballylicensed foster homes and attendant liability issues.12. Guardians ad litem.(Further material on the discussions of these details can be found in the Work Group materials)Impact Statement:This would give State representatives and Tribal representatives the opportunity to build on thesubcommittee’s work, and craft a State/Tribal ICWA agreement that might take into account thechanges in the law since 1990 and reduce the number of issues over which the State and Tribesare currently litigating.______________________________________________________________________________Recommendation 5 (JS-6): Tribal Court Referrals of Juveniles to State Division of JuvenileJusticeStatement of Need:In particular cases there may be a need for traditional Alaska Native village justice systems todraw more effectively upon state juvenile agencies.Option:Urge the Division of Juvenile Justice to make agreements with Tribes and tribal courts tocoordinate the disposition of juvenile offenses as currently permitted under state law.Rationale for Option:• Currently, tribal courts and councils often work with juveniles and their parents in response tothe child’s delinquent or troublesome behavior in the village. Such proceedings do notusually come to the attention of state authorities, and some village justice systems prefer thisoutcome because it keeps their minors from acquiring juvenile records within the state courtsystem.• Other Village justice systems, however, would prefer to coordinate more closely with DJJ inscreening and disposition of juvenile offenders. Specifically some village justice systemsmight wish to refer a juvenile to DJJ, with the consent of DJJ. This option urges DJJ todiscuss with interested tribal councils whether such a referral mechanism might be achieved.Impact Statement:Better coordination among tribal and state juvenile justice systems.______________________________________________________________________________Recommendation 6 (D-DS 10)Statement of problem:Not all victims & communities have access to immediate safety.Current Status:a) 21 domestic violence/sexual assault programs listed with Council on Domestic Violence andSexual Assault (CDVSA) Community Outreach.b) These programs serve all of rural Alaska but resources and geography inhibit ideal safety in therural areas.Ideal Status:Each community has a safety plan to address victim and community safety.Structural Barriers (e.g., statutes, regulations, etc.):No single local organizing entity is identified to facilitate community development;no single point of contact for safety issues.Alaska Rural Justice and Law Enforcement Commission - Page 83