The budget is in crisis. But so are displaced Alaskan children and the families who want them.
Readers familiar with me know that I hail from a modern, blended family. I'm one of two white moms raising an Alaska Native sibling trio, along with other children in our home. The two Yup'ik brothers and their sister are the heart around which our family was formed.
I am mindful that the heart that pumps life into our family is the same one that the children's biological family -- and by extension their tribes -- lost.
Alaska's Legislature has before it a bill that will allow more Native children to find interim care and permanency with their parents' relatives or tribal members. The only thing holding it back seems to be procedure.
In the whose-bill-matters-more-than-whose quibbling of the extended session, lawmakers should keep all of Alaska's children and families top of mind with the same tenacity they are applying to the state's fiscal crisis.
"Everybody is so excited because we really think this will save so much time and money and more importantly it will get children out of foster care sooner. It's a win-win and it's an easy thing," Christy Lawton, director of the Office of Children's Services, said in an interview Sunday.
Alaska's complicated family and adoption law procedures can dissuade qualified foster and adoptive families from signing up for the job. More importantly, recent high-profile cases have tipped the balance of fairness toward what the Alaska Supreme Court described as "white, middle class standards" over "the prevailing social and cultural standards of the Indian community" required by federal law.
A grandmother who sought custody of her granddaughter in the case of Native Village of Tununak v. State of Alaska was directly impacted by the 2013 U.S. Supreme Court Ruling in Adoptive Couple v. Baby Girl. In both cases, the adoption of a Native child to a non-Native family was contested by biological relatives of the children. But, because the desire for adoption was not formally made by the Native individuals who wanted the child, the high court ruled that the Native preference mandated by the federal Indian Child Welfare Act did not apply, since no prospective stakeholder officially existed on the record in each case.
It's difficult enough to navigate the court system without this additional burden. And in the Tununuk case, the grandmother had verbally stated her desire, but never memorialized it as a filing in court.
House Bill 200 seeks to streamline this process. Through consolidation of effort, it reduces the burden on families and the courts, and comes with no increased cost to the state.
"This allows us to go back to what we have always done -- relatives can tell us their preferences and they would never have to wait," Lawton said.
It would allow an interested auntie or uncle or grandmother or grandfather or other relative or tribal member to verbally state their intention (or state it in writing or by email) for "immediate and permanent placement" of the child in question to a local ICWA worker, who could then, by proxy, make the individual's wishes formal.
Similarly, a public defender working with a struggling parent could note the parent's preference for placement. The proxy process applies only for interim placements. If a case looks to be headed to adoption, a prospective permanent family would still need make an official filing. But the proxy paves the way for child safety workers to place Native children in Native homes while the case moves toward resolution.
"It is not going to change anything on the backend to make sure that these are safe homes for children to be in. OCS still has to do criminal history and background checks and home studies," said Nicole Borromeo, executive vice president and general counsel for the Alaska Federation of Natives. Borromeo emphasized that the proposed measure is the result of a close working relationship between the Native community and the state of Alaska.
"The Governor has said in several conversations with legislators and with leadership that this bill is priority and remains top priority and the governor is committed to making sure this important legislation gets passed this year," said Grace Jang, communications director for Gov. Bill Walker, catching a last meal in Anchorage before heading back to Juneau for the week.
Children in need of aid
Years ago, our trio of children, two of whom are adults now, were among the some 55-60 percent of Alaska Native children whose family life fell apart enough to require placement into foster care. And they are among the some 40 percent of Alaska Native children who, for any variety of reasons, cannot be reunited with their parents or most-recent caretakers, and who end up adopted to a non-Native family.
There are a lot of reasons behind why family reunification efforts don't always work. For tribes, when returning home isn't an option for a child, keeping that child safe and close to relatives, culture and tradition is of utmost importance. More than a desire, it's also federal law. The Indian Child Welfare Act specifically directs that efforts be made to keep Native children in Native homes to prevent the mass exodus of children from their culture into the hands of another culture.
When children are in danger, they are considered "children in need of aid." In the court system, these are known as CINA cases. These deal with removal of children from homes, foster placements, family reunification, and, when needed, termination of parental rights. Currently, guardianships and adoptions are handled in probate court proceedings and are separate from the CINA proceedings.
Walker's adoption bill consolidates all of the decision making under one "roof," allowing families and a handful of court officials to work together on all facets of a case, instead of compartmentalizing each piece.
"This bill creates a model of a 'one judge, one family' concept that will allow for more timely and just judicial determination overall which is good for all Alaskans," Gloria Shellabarger, tribe director for the Native Village of Kiana, wrote to lawmakers urging support of the bill.
On April 15, the House passed HB 200 with a unanimous vote, 31-0.
"These changes would benefit our most vulnerable children by assuring that adoption proceedings for children in need of aid are conducted in the manner most beneficial to Alaska's children and their families," Gov. Bill Walker said in his April 16 letter transmitting the bill from the House to the Senate.
"Without a doubt, one of the most grievous situations we come across is when an Alaska native child has a family or tribal member that wants to adopt them and yet they are subjected to bureaucracy and further trauma," wrote Charity Carmody, founder of Beacon Hill, a faith-based organization that provides services to families and children who have landed in the foster care system. "As a state and community, we are continuing to suffer from the consequences of our actions prior to ICWA. We must work diligently to remove barriers for Alaska Native families to be able to adopt. I believe that this bill is a good start in promoting permanency, preserving culture, and honoring the traditions of our land and Native people."
Despite passionate pleas to pass it, the bill is precariously situated as the Legislature heads into its second week of overtime.
All subject matter committees have shut down for the session, including the Senate Judiciary Committee in which HB200 currently resides. In order for the bill to stay in play, the committee would have to meet and agree to waive the bill to the floor for a vote.
The Senate version of the bill passed out of the judiciary committee and is now in the hands of the Senate Rules Committee. If it moves out of rules there could be a vote on it, but it will require Senate leadership to decide the bill should be a priority matter.
"I support this bill. I support adoption. I support ICWA. I will ask my members if they are willing to go ahead and waive the House version of the bill if it comes to that as a last result. But I would prefer for it to come out of rules at this point," Sen. Lesil McGuire, R-Anchorage, who chairs the Senate Judiciary Committee, said Sunday.
"We are very encouraged to hear that Senator McGuire has acknowledged the waiver as an option. It is our preferred method," Borromeo said, explaining that the House version is a "cleaner" bill since it has already incorporated an amendment that expands the proxy process to include all Alaskans.
Option three is for the governor to add HB 200 to his list of bills to be addressed in a special session, should he call one.
Lawton said it appears there are at least 15 votes for the bill within the 20-member Senate.
My family's path is unique, and I won't be rewriting its history to say what should have been. It's just what is. But Alaska has an opportunity here to do something that instantly benefits Native families and foster children and which more earnestly honors tribes.
"We have to do better. And we can do better. And this bill is going to help us do better. Let's get it done," Borromeo said.
How many minutes of a legislative day are needed to pass this bill and help our collective heart beat stronger?
Jill Burke is a longtime Alaska journalist writing from the center of a busy family life. Her father swore by "Burke's Law No. 1 -- never take no for an answer." Meaning, don't give up in the face of adversity. The lesson stuck. Share your ideas with her at jill@alaskadispatch.com, on Facebook or on Twitter.
The views expressed here are the writer's and are not necessarily endorsed by Alaska Dispatch News, which welcomes a broad range of viewpoints. To submit a piece for consideration, email commentary(at)alaskadispatch.com.