Author Archives: Kate Fort

Problems with Passive Voice Part Infinity–Children Missing in KS Foster Care

Here is the original article. Here is the response/statement from Kansas DCF: The reality is quite different from what “outraged” legislators would have you believe. Allow me to share with you who the children are, we consider missing. In 92 … Continue reading

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Register Today for the TICA/ILPC Conference!

Register and attend the only conference dedicated to issues facing in-house tribal counsel! October 26-27 Details and registration here. Speakers include: Paul Spruhan, Navajo Nation Dept. of Justice Jean Back, Schwabe, Williamson, & Wyatt Jessica Intermill, Hogen Adams Lloyd B. Miller, … Continue reading

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ICWA Article in NALS by Elise McGowan, ILPC Alum

Here.

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Cert Stage Filings In S.S. v. CRIT (ICWA Case)

This is the cert petition from the Arizona Court of Appeals decision applying ICWA to step-parent or third party adoptions, where Dad attempted to terminate Mom’s rights so Step-Mom could adopt children. Cert petition filed by the Goldwater Institute purportedly … Continue reading

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Termination of Parental Rights ICWA Case Out of Missouri

Here. This case is illustrative of a lot of the things we talk about regarding practicing in an unfamiliar forum, and getting objections on the record. The Tribe (Nenana Native Village) brought an appeal regarding the termination of parental rights, … Continue reading

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Article on Yellowstone County ICWA Court

Here.  

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Arizona Court of Appeals ICWA Notice Case

Here. I always find it useful when parts of the transcript make it into the appellate court decision: During her direct examination at trial, Mother testified as follows: Q. You advised me earlier that you are affiliated with the Sioux … Continue reading

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Major Utah Supreme Court ICWA Case

In a case that has been pending for just under two years (oral arguments were a year ago May), the Utah Supreme Court found for the biological Indian father in the case, and reversed and remanded the trial court’s decision … Continue reading

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AFCARS Model Comments for Tribes

I posted earlier about the AFCARS proposed information collection activity posted in June. Here is the Federal Register page. There are at least sets of two model comments for tribes in circulation. If you have not yet received any but … Continue reading

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Michigan Court of Appeals Decides MIFPA Application to Removal of Child from the Home

Here is the opinion in In re Detmer/Beaudry. The question of whether an involuntary removal of a child triggers ICWA if the child is not placed in “foster home or institution or home of a guardian or conservator” 25 U.S.C. 1903(1)(i) is … Continue reading

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