Search Results for: icwa

Texas v. Zinke (ICWA Challenge) Page Updated

Court documents, press statements, and news articles all organized here.

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Partnership for Native Children PR on Texas ICWA Case

Partnership for Native Children Decries Anti-ICWA Decision Calls judge’s ruling ‘an outlier, out of step with the law and constitutional jurisprudence’ The Partnership for Native Children strongly disagrees with and is disturbed by Judge O’Connor’s decision in Brackeen v. Zinke which has … Continue reading

Posted in Author: Matthew L.M. Fletcher, ICWA, Research | Tagged , , | Leave a comment

California Tribal Families Coalition Press Release on Texas ICWA Case

U.S. District Court Decision Puts Native American Children and Families at Risk The California Tribal Families Coalition joined others nationwide in expressing disappointment over the ruling. In an unprecedented ruling that threatens Native American children and families, U.S. District Court … Continue reading

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Federal Judge Rules ICWA Unconstitutional in Brackeen v. Zinke

Here is the opinion in Brackeen v. Zinke (N.D. Tex.): 166_DCT Order.pdf Case page with briefs here. A federal court has held that ICWA violates the equal protection component of the Fifth Amendment’s Due Process Clause, rejecting the Morton v. … Continue reading

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Provide Comments on WI Pro Hac Vice for ICWA Attorneys Pending Rule

Well, since I did the California post yesterday on this, multiple people from Wisconsin reminded me that we all need to submit supportive comments there. Many thanks to NL for spelling it out in an email so I can just … Continue reading

Posted in Author: Kate E. Fort, ICWA | Tagged , , , , | Leave a comment

Rapid City News Article on Pennington Co ICWA Procedures

Sometimes the results change a little even when a court decision goes the wrong way: County to Stick with Current ICWA Hearing Procedures

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California Eliminates Pro Hac Vice Barriers for ICWA Cases

In a celebrate-the-victories post, the state with the most number of ICWA cases has removed major barriers for out of state ICWA attorneys. California notoriously had some of the highest pro hac fees and tightest limitations on the number of … Continue reading

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Oglala Sioux Tribe Files En Banc Petition in South Dakota ICWA Case

Here is the petition in Oglala Sioux Tribe v. Vargo (AKA Oglala Sioux Tribe v. Fleming, and FKA Oglala Sioux Tribe v. Van Hunnik): En Banc Petition Panel decision here. Briefs here.  

Posted in Author: Matthew L.M. Fletcher, ICWA, Research | Tagged , , , , , ,

ICWA/MIFPA Case from the Michigan Court of Appeals

We are wrapping up a training in Montana where every person in the room answered the ICWA pop quiz question: “Do ICWA protections apply to non-Native parents of Indian children?” correctly. Luckily the Michigan Court of Appeals answered it correctly … Continue reading

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Montana Supreme Court ICWA Case

Here. The Montana Supreme Court continues to apply Baby Girl to absent fathers involved in state initiated proceedings, and not apply ICWA when terminating their rights. Appellant Brief Appellee Brief Appellant Reply

Posted in Author: Kate E. Fort, Child Welfare, ICWA | Tagged , , , , ,