Author Archives: ilpc

Rare Published Notice Opinion out of California Court of Appeals

In re EH (Fourth District, 1st Div). For reference, so far this year California has had 48 unpublished notice decisions and 19 unpublished inquiry decisions. This is the first published notice case this year. We agree with Mother that, considering Sally … Continue reading

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

Montana Supreme Court ICWA Notice Case

Here ¶28 In this case, CPS Lebrun’s testimony that an unidentified person orally confirmed that “they are not eligible, just they can only be descendent members” does not satisfy the Department’s ICWA burden. As a direct result of the Department’s … Continue reading

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

North Carolina “Reason to Know” ICWA Notice Case

Here. *Whether the evidence presented at the adjudication hearing should have caused the trial court to have reason to know an “Indian child” may be involved and trigger the notice requirement is the issue before us. The federal regulations implementing … Continue reading

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

Tribal Consultation on the Proposed AFCARS Changes

Here is the letter sent today: Tribal Consultation Notification 4-16-2018 This is on the proposed changes to the Adoption and Foster Care Analysis and Reporting System (AFCARS), the way the feds collect from the states on adoption and foster care. … Continue reading

Posted in Author: Kate E. Fort, ICWA | Tagged , , , , , , | 1 Comment

Donald Trump, and Indian Country’s Termination Fears

Donald Trump’s election as President was met with skepticism and fear across much of Indian country. As a candidate, Trump did not publish any substantive proposals for Indian policy. The absence of campaign proposals, coupled with his previous hostility toward Indians … Continue reading

Posted in Bureau of Indian Affairs

Ninth Circuit Briefs in Karuk Tribe v. Stelle — Klamath National Forest Timber Cut Challenge

Here: Karuk Opening Brief Intervenor Answer Brief Federal Answer Brief Karuk Reply Oral Argument video here. Audio here.

Posted in Author: Matthew L.M. Fletcher, cultural resources, Environmental, Research | Tagged , , ,

ASU ICWA CLE

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Latest filings in Oglala Sioux v. Fleming (SD Federal ICWA Case)

262-Plaintiffs’ Brief in Support of Motion for Partial Summary Judgment 269-Defendant’s Brief in Support of Motion to Strike/Response to Partial Summary Judgment   239-Remedies Brief 257-VargoResponsetoRemedies 260-FlemingResponsetoRemediesBrief 272-Plaintffs’ Reply Brief in Support of Remedies Previous coverage here.

Posted in Uncategorized

Commentary on the Native American Children’s Safety Act

Last week, the Department of the Interior published final regulations implementing the Indian Child Welfare Act, along with a legal opinion from the Solicitor of the Department of the Interior regarding the authority to issue such regulations. The Department’s regulations, … Continue reading

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

ILPC Presentation at the Jackson, MI Community Forum on Land Treaties

MSU ILPC & Indian Law Clinic students presented at the Jackson Community Forum: Impact of Land Treaties. As a side note–this event, hosted at the Jackson District Library and open to the public, was very well attended. The questions we … Continue reading

Posted in Author: Kate E. Fort, Great Lakes, Michigan Indian, treaty rights | Tagged , ,