(25) ICWA contains many important provisions to protect Indian children, but for the purposes of this Article, this Section highlights Indian custodianship.
State, (68) the court held that, once the OCS has obtained custody, a parent can no longer create an Indian custodianship by designation of temporary care, custody, and control:
A parent whose child is in OCS's custody may, with the concurrence of OCS, revoke an Indian custodianship that was in place when OCS took custody of the child.
No state statute or state case law prohibits the closure of a child protection case through the establishment of an Indian custodianship through state law, or Tribal law or custom.
Alaska can and should improve the outcomes for some Alaska Native children in care by resolving their cases through establishing an Indian custodianship. The steps to create this new outcome are outlined in the following section.
Custodianship can be extended to a later age up to age 25, but extending custodianship beyond age 21 requires declaration that deferral of termination will cause the transfer to be a gift of a future interest, if the gift is an inter vivos gift, which may have adverse federal and state gift tax consequences.
Generally 21 or earlier death for transfers by irrevocable lifetime gift, transfers by irrevocable exercise of a power of appointment, or transfers authorized in a will or trust, however, the custodianship can be extended to an age not later than the age of 25.