• Developing voluntary memor<strong>and</strong>a <strong>of</strong> underst<strong>and</strong>ing between tribes <strong>and</strong> the Staterelating to issues such as coordination <strong>and</strong> integration <strong>of</strong> child protection <strong>and</strong>domestic violence protective services.The Commission believes that the complex issues surrounding delivery <strong>of</strong> justice<strong>and</strong> law enforcement in rural <strong>Alaska</strong> are both chronic <strong>and</strong> <strong>of</strong> highest importance. Ast<strong>and</strong>ing commission can both monitor <strong>and</strong> evaluate progress being made on theimplementation <strong>of</strong> the recommendations contained in this report <strong>and</strong> study <strong>and</strong> appraiseadditional recommendations <strong>and</strong> changes related to justice <strong>and</strong> law enforcement in rural<strong>Alaska</strong> that may become necessary in the future. The importance <strong>of</strong> a continuingpresence to monitor <strong>and</strong> track this Commission’s recommendations is expressed well intestimony that the Commission heard in Kotzebue:“Having been through this process [a commission studying problems in rural<strong>Alaska</strong>] before, I underst<strong>and</strong> the limits. But it doesn’t make any difference because wehad the same process years ago. The Canadian Judge 56 came up <strong>and</strong> went to everyvillage <strong>and</strong> went into houses <strong>and</strong> everything else <strong>and</strong> got detailed reports from people.Nobody listened to that.“It went through the <strong>Alaska</strong> Natives Commission as testimony, like you did. Weworked with committees that held hearings all over the place on different subjects likeyou’re doing. And we put out a report <strong>and</strong> it took years before anybody looked at it <strong>and</strong>when they did – when Congress did <strong>and</strong> provided funds – our people didn’t know what todo with the funds. So we gave up the funds.”John W. SchaefferNANA Regional Elders CouncilThe Commission contemplated a recommendation that would have called for apilot project authorizing participant tribes to enact <strong>and</strong> enforce laws regulating alcoholsale, importation <strong>and</strong> possession within the boundaries <strong>of</strong> the respective village. TheCommission did not include this recommendation in its interim report. During the publiccomment period on the draft interim report, numerous organizations <strong>and</strong> individualsurged the Commission to include this recommendation. We underst<strong>and</strong> the criticalimportance <strong>of</strong> local regulation <strong>and</strong> control <strong>of</strong> alcohol. Alcohol continues to have adevastating impact on rural <strong>Alaska</strong>. We intend to specifically <strong>and</strong> intensively review <strong>and</strong>act on this issue in the next phase <strong>of</strong> the Commission’s work. In making thiscommitment, we are mindful that this is a highly charged issue that involves competingviews <strong>of</strong> sovereignty that must be confronted. There are also complex on-the-groundrelationships that need to be addressed.The Commission’s other recommendations are presented, by theme, in thefollowing section.56Thomas Berger, whose visits to <strong>Alaska</strong> <strong>and</strong> review <strong>of</strong> the impacts <strong>of</strong> the <strong>Alaska</strong> Native ClaimsSettlement Act are chronicled in Berger, Thomas R., Village Journey: The <strong>Report</strong> <strong>of</strong> the <strong>Alaska</strong> NativeReview Commission. New York: Farrar, Straus, <strong>and</strong> Giroux, 1985.<strong>Alaska</strong> Rural Justice <strong>and</strong> <strong>Law</strong> Enforcement Commission - Page 41
B. Specific <strong>Recommendations</strong>1. Engage in More Partnering <strong>and</strong> CollaborationThere is no doubt that reduction in state-tribal conflict over jurisdictional issues,<strong>and</strong> increased cooperation, coordination, <strong>and</strong> collaboration between State <strong>and</strong> tribalcourts <strong>and</strong> agencies, would greatly improve life in rural <strong>Alaska</strong> <strong>and</strong> better serve all<strong>Alaska</strong>ns. In particular, communication <strong>and</strong> coordination among <strong>and</strong> between childprotection <strong>and</strong> domestic violence, child abuse, <strong>and</strong> sexual abuse service organizations <strong>and</strong>government institutions are neither systematic nor comprehensive enough, <strong>and</strong> the tribesare <strong>of</strong>ten left entirely out <strong>of</strong> the process. It therefore recommends the development <strong>of</strong>more effective coordination <strong>and</strong> communication, including cross training, among <strong>and</strong>between all governments <strong>and</strong> service agencies <strong>and</strong> organizations. 57 Cross training mightinclude the <strong>Alaska</strong> Native Indian Child Welfare Association, the <strong>Alaska</strong> Inter-TribalCouncil, the <strong>Alaska</strong> Legal Services Corporation, the <strong>Alaska</strong> Native Justice Center <strong>and</strong>other <strong>Alaska</strong> Native social service agencies. 58 Because there is insufficient coordinationbetween State <strong>and</strong> tribal governments at all levels, the Commission recommends (a)strengthening State policy recognizing tribal civil decision-making; (b) developingvoluntary Memor<strong>and</strong>a <strong>of</strong> Underst<strong>and</strong>ing between tribes <strong>and</strong> the State relating tocoordination <strong>and</strong> integration <strong>of</strong> child protection <strong>and</strong> domestic violence protectiveservices; (c) changes to federal laws to require more coordination; (d) broadening thecross-recognition <strong>of</strong> judgments, final orders, laws <strong>and</strong> public acts <strong>of</strong> tribal, State, <strong>and</strong>federal governments (such cross-recognition already exists for Indian Child Welfare Act(ICWA) <strong>and</strong> Violence Against Women Act (VAWA)); <strong>and</strong> (e) fully implementing theMillennium Agreement. 59 Moreover, the State should <strong>of</strong>fer tribes, <strong>Alaska</strong> Native nonpr<strong>of</strong>itorganizations, <strong>and</strong> other service providers a greater opportunity to participate inMemor<strong>and</strong>a <strong>of</strong> Agreement to enhance opportunities for collaboration, coordination <strong>and</strong>communication. 60There is historic precedent for cooperative models in this State – <strong>and</strong> throughoutthe country – that could be used to encourage a more collaborative approach. For57585960In its Final <strong>Report</strong> in May, 1994, the <strong>Alaska</strong> Natives Commission recommended that all agenciesh<strong>and</strong>ling cases <strong>of</strong> child neglect or abuse should collaboratively renew efforts to eliminate child abuse<strong>and</strong> neglect among <strong>Alaska</strong> Natives, share data, <strong>and</strong> clarify their respective roles, including OCS, thejudiciary, IHS, regional health corporations, <strong>and</strong> tribal councils. Vol. II, p. 34. The "Follow Up Table<strong>of</strong> <strong>Recommendations</strong>" from the Final <strong>Report</strong> <strong>of</strong> the <strong>Alaska</strong> Criminal Justice Assessment Commission <strong>of</strong>2000 recommended that State agencies, treatment providers, tribal entities <strong>and</strong> communityorganizations collaborate to establish aftercare <strong>and</strong> re-entry programs <strong>and</strong> procedures. See also theFinal <strong>Report</strong> to the Governor by the <strong>Alaska</strong> Commission on Rural Governance <strong>and</strong> Empowerment,1999, in which the Commission encouraged development <strong>of</strong> inter-governmental <strong>and</strong> inter-agencycoordination mechanisms, <strong>and</strong> improving communications <strong>and</strong> cooperation among tribal, State, localgovernments <strong>and</strong> regional institutions, as well as within agencies, by encouraging agreements thatenhance local decision-making.Recommendation 2. The Recommendation footnotes refer to the Workgroup Options that led to therecommendations, as listed in Appendix F.See Resolution 27, Conference <strong>of</strong> Chief Justices. See also Wisconsin 161 Agreement, which providesfor orderly <strong>and</strong> thorough coordination <strong>and</strong> integration between the Vilas County <strong>Department</strong> <strong>of</strong> SocialServices <strong>and</strong> the Lac du Flambeau Lake Superior Chippewa Indians on all matters <strong>of</strong> child protectioninvolving tribal children.Recommendation 3.<strong>Alaska</strong> Rural Justice <strong>and</strong> <strong>Law</strong> Enforcement Commission - Page 42