STATE CAPITOL, PHOENIX –The
Native American Caucus met for a presentation of Indian law and the history of
that law in Arizona and the United States on Jan. 27.
Judge
Michael C. Nelson, a retired Apache County Superior Court judge, gave an
overview of the history of the legal relationships between Native American
nations and the state and federal governments. He cited the Constitution of the
United States, the Arizona Constitution, and Supreme Court cases in the
explanation of this history.
In addition
to his presentation on the history of Indian relations, Judge Nelson discussed
the Indian Child Welfare Act. The Indian Child Welfare Act applies to
off-reservation Indian children in the state system. Representatives from the
Department of Child Safety explained the process by which Indian children are
placed in permanent housing.
Rep. Sally Ann Gonzales, D-Tucson
(District 3), commented on the importance of the Indian Child Welfare Act in
keeping children with their families.
“In Indian
communities, extended families have duties similar to the duties that are
normally attributed to nuclear families. For example, in the Pascua Yaqui
community, godparents play a special role in caring for children who have been
displaced,” Gonzales said.
Rep. Albert Hale, D-St. Michaels
(District 7), expressed his appreciation for the presentation to the Native
American Caucus.
“Judge
Nelson provided us all with a greater understanding of why Indian nations are
unique; why they have a unique relationship with the state and the federal
governments; and why they are the only minority group in the country to have the
authority to have their own lands, make their own laws, create their own
governments, and govern the people within in their boundaries. Hopefully, the
legislators here have gained a better understanding of the legal foundation that
governs the relationship between state government and the Indian nations in the
state,” Hale said.
The next
Native American Caucus meeting will be held on Feb. 11, 2016. The Native
American Caucus meetings are open to all legislators and to members of the
public.
“The
information shared at these meetings provides legislators with valuable insight
into the interconnectedness of state and tribal governments,” Gonzales said
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