Author Archives: Kate Fort

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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Alaska OCS-Tribal Services Compact

We’ve been getting a number of questions about this compact, likely due to the level and type of press coverage about it in Alaska (see here). We’ve hesitated to post on it, given all the people who know it much … Continue reading

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CBC Article on Indigenous Children in Foster Care

Coverage of some of the tremendous problems with Canada’s foster care system. According to a report from B.C.’s representative for children and youth, although Indigenous children are less than 10 per cent of the population, they account for 62 per cent of … Continue reading

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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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Supreme Court Declines to Take S.S. v. CRIT (ICWA case)

Here is the order. Here are the documents. Remember, now in your ICWA briefs you can add that cert. denied signal if you like.

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Texas and Prospective Adoptive Parents File Constitutional Challenge to ICWA and Regulations

Complaint here (northern district of Texas). Additional documents will be posted here. Plaintiffs thus bring this action for declaratory and injunctive relief and pray that this court: (1) vacate and set aside the Final Rule; (2) declare that Sections 1901–1923 … Continue reading

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Alaska AG Opinion on Tribal Self-Governance

Opinion here. Big win for tribes, pulling the state in line with the rest of the country. If you’ve ever wondered how difficult it is in Alaska working for and on behalf of tribes, read this much needed opinion. II. … Continue reading

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ICWA Inquiry Case out of Colorado Court of Appeals

Here. To decide if the trial court complied with ICWA, we must answer a question that has yet to be decided in Colorado: When a trial court inquires at an initial temporary custody hearing at the commencement of the dependency … Continue reading

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