Contributors
Author Archives: Kate Fort
Injunctive Relief Granted in Indigenous Environmental Network v. U.S. Dept. of State [Keystone XL Pipeline]
Order. Previous posts/filings here. WaPo coverage here. Plaintiffs’ request for injunctive relief is GRANTED. The Court enjoins Federal Defendants and TransCanada from engaging in any activity in furtherance of the construction or operation of Keystone and associated facilities until the … Continue reading
The Indian Child Welfare Act at 40
On this date in 1978, President Carter signed the Indian Child Welfare Act into law. Senator Abourezk introduced the bill to the Senate on April 1, 1977, and the Senate voted on it on November 4, 1977. Interestingly, while Sen. … Continue reading
Nebraska Supreme Court ICWA Decision: Active Efforts
In re Micah H. This case discusses how private parties (grandparents) can provide active efforts in a guardianship situation. This further develops this state case law in this area, most recently addressed in In re Micah H. (Neb. 2016), In … Continue reading
Posted in Author: Kate E. Fort, Child Welfare, ICWA
Tagged active efforts, ICWA, In re Micah H., Nebraska Supreme Court, NICWA
Brookings Institute on the Separation of Families
Here My research has failed to uncover a single example of how removing control, jurisdiction, or authority from tribal governments improves outcomes for the AIAN population. While tribal governments are not perfect by any means, it cannot be shown with … Continue reading
Posted in Author: Kate E. Fort, Child Welfare, ICWA, Research
Tagged family separation, ICWA, Texas v. Zinke
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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 comments, ICWA, pro hac vice, rule change, WICWA
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
Posted in Child Welfare, ICWA
Tagged Oglala Sioux v. Fleming, Pennington County
Tribal Law and Policy Institute is Hiring!
Announcement here: Program Specialist Job Announcement_Tribal Law and Policy Institute Education and/or Experience: Required: Bachelor’s degree; experience or demonstrated expertise in tribal justice systems and/or problem-solving courts Preferred: Juris Doctorate, Master’s degree, or other applicable advanced degree Strongly preferred: Four (4) … Continue reading
Posted in Author: Kate E. Fort, jobs
Tagged good work, job, job posting, TLPI
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
Posted in Author: Kate E. Fort, Child Welfare, ICWA
Tagged California, ICWA, pro hac vice
Spurr v. Pope Decision in WD Michigan [Tribal Court Jurisdiction to Issue PPO]
33_Opinion and Order Briefing here: 21 Motion for PI 22 Response 23 Reply 26 DCT Briefing Order 30 Motion to Dismiss 31 Response 32 Reply
Posted in Author: Kate E. Fort, tribal courts, VAWA
Tagged jurisdiction, PPO, Spurr v. Pope, tribal court, Western District of Michigan
Comments Needed for Pro Hac Vice Rule Change in Wisconsin (ICWA)
Rule here. Letter regarding the rule: 18-04-Ltr to Interested Persons. Comments due by November 29. Any comment to the rule petition should be filed by November 29, 2018, with the Clerk of Supreme Court, Attention: Deputy Clerk-Rules, P.O. Box 1688, Madison, … Continue reading →