The case is called Pam R. v. State of Alaska Dept. of Social Services. The crux of the case was whether Pam was an Indian custodian under ICWA. The court turned to tribal custom, but then appeared to not apply it:
Mary Schaeffer, an expert on Kotzebue tribal laws and customs, testified that the Tribe’s customs recognize an “Indian custodian” for purposes of ICWA when “a parent entrusts the care of his or her child to [that] person.” She testified that no specific words or written agreements are required, nor is the affirmative consent of both parents necessarily required. Based on “facts presented to her by Pam’s attorney,” Schaeffer ultimately concluded that Pam was “an Indian custodian” of the children pursuant to tribal custom: “I think if you want to put it down on paper, she is . . . an Indian custodian. From our culture, she is already one . . . we need to think about the kids. There’s got to be stability with the family.” But she also testified that Mark’s objection to Pam as the Indian custodian could not be resolved under tribal custom without bringing it before a tribal court.
We conclude from Schaeffer’s testimony that Pam qualified to be the children’s Indian custodian based on tribal custom, but because Mark objected to her designation and the tribal court had not resolved the dispute, Pam had not yet become the children’s Indian custodian through tribal custom. We therefore affirm the trial court’s finding that Pam is not the children’s Indian custodian under tribal custom, without deciding whether the court properly interpreted the depth and breadth of ICWA’s definition of “Indian custodian.”
Turtle Talk 