Alaska Adop. R. 12

As amended through December 18, 2024
Rule 12 - Tribal Intervention and Removal
(a)Intervention. In any adoption or relinquishment proceeding involving an Indian child, the Indian child's tribe and an Indian custodian, if any, may intervene as a matter of right at any stage in the proceeding.
(b)Removal.
(1) In an adoption involving the termination of parental rights of a parent of an Indian child, the parent, Indian custodian or the tribe may move to have the matter removed to a tribal court pursuant to 25 U.S.C. Section 1911.
(2) When a petition for removal to tribal court is filed, the court must find that the tribal court is authorized to exercise jurisdiction under federal law before transferring jurisdiction to the tribal court. The court may set a hearing on the petition for removal with notice to all parties to determine whether the tribal court has declined jurisdiction, and, if jurisdiction has not been declined, to determine whether any objection has been raised by either parent to the removal pursuant to 25 U.S.C. Section 1911(b).
(3) Civil Rule 77 applies to petitions for removal to tribal court.

Alaska Adop. R. 12

SCO 972 effective 1/15/1990