Search Results for: icwa

2017 ICWA Appellate Cases by the Numbers

Here’s our annual contribution to the ICWA data discussion. It’s looking like we have the final 2017 data set of appealed ICWA cases. A note on the data–these are cases that are on Westlaw and/or Lexis Nexis, and ICWA (or state equivalent) … Continue reading

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ICWA Pro Hac Vice Rule Open for Comments in Washington

This is so exciting! Kristi Healing, (in-house at Stillaguamish) submitted this pro hac rule change proposal. Here is the proposed rule in PDF form: WA_Proposed_APR8 Submit comments in support, please! Unless otherwise noted, all comments should be submitted to the … Continue reading

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Standing Case out of California (ICWA)

Here This is a follow up appeal related to an earlier Indian Custodian case. The Court determined the appellant was not an Indian Custodian, and then here tries to determine if he still had standing (he didn’t). Maybe useful for … Continue reading

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New Amended Complaint in ICWA Suit Texas (Brackeen) v. Zinke

The plaintiffs in the ICWA suit out of the federal court in Texas asked for time to file an amended complaint. It’s here. Case page is here. Additional state parties are Indiana and Louisiana. Additional children involved are from White … Continue reading

Posted in Author: Kate E. Fort, Child Welfare, ICWA | Tagged , , , , , , , , | 4 Comments

Unpublished ICWA Case from MN, Judge Jesson Concurrence

Here. This is an unpublished termination of parental rights out of the Minnesota Court of Appeals. Here is the concurrence in its entirety:: With a backdrop of historical trauma and a high number of Indian children being removed from their … Continue reading

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North Dakota ICWA Case on Qualified Expert Witness

Here: Interest of K.S.D. and J.S.D., 2017 ND 289 The lack of qualified expert testimony on whether the continued custody of the child by the parent or Indian custodian is likely to result in serious emotional or physical damage to … Continue reading

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Fletcher Paper on States and American Indian Citizenship Rights (+ ICWA)

Here is “States and Their American Indian Citizens,” recently published in the American Indian Law Review. An excerpt: This article is intended to provide a theoretical framework for tribal advocates seeking to approach state and local governments to discuss cooperation … Continue reading

Posted in Author: Matthew L.M. Fletcher, Child Welfare, ICWA, Michigan Indian, Scholarship | Tagged , , , , | Leave a comment

Press Release and Coverage Regarding Texas v. Zinke (ICWA Challenge)

California Tribal Families Coalition, News Release Tribal Coalition Urges Attorneys General to Protect Tribal Children A coalition of California tribes and leaders today urged state attorneys general across 18 states and U.S. territories to stand with tribes in support of the … Continue reading

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ICWA Expert Witness Case out of Colorado

Opinion here. The Colorado Court disagrees with holdings in Montana and Michigan on the same issue–what does a qualified expert witness have to say for it to count under 25 U.S.C. 1912(f). Congress’s primary reason for requiring qualified expert testimony … Continue reading

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NCJFCJ ICWA Bench BOOK is Now Available!

Last published in 2003 as bench cards, NCJFCJ has issued a new and improved ICWA bench book for judges. There are a few of you who have been asking me about these weekly–here they are! Press release here NCJFCJ_ICWA_Judicial_Benchbook_Final_Web New! … Continue reading

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