Author Archives: Kate Fort

Sixth Circuit Decision on Title IV-E Maintenance Payments to Kinship Placements

Here. Not an ICWA/Indian child case, but one that is important nonetheless given its ruling ensuring Title IV-E maintenance payments. The lack of these payments sometimes make kinship care very difficult on relative placements–Title IV-E maintenance payments cover, among other things, the … Continue reading

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Updated ICWA Defense Project Memo

It’s been a couple of months, so here is the updated ICWA Defense Memo on the cases we are monitoring.

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Unpublished Notice Case in California Regarding Alaska Native Villages

Here. The Fourth Appellate District does more research than DPSS (the agency tasked with notice), and put it into the decision: Respondent argues that there is no federally recognized “Innuit Eskimo” tribe, so notice was not required. It is not quite … Continue reading

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Radio Documentary on Indian Adoption Project

A friend posted she heard this on Minnesota Public Radio recently. Here is the story with a link to the documentary. I was able to listen to more than half of it and it’s really well-done.

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Order in Canada’s Sixties Scoop Class Action Case

Here. From the Ontario Supreme Court of Justice: The background facts, as set out in the six previous decisions, are by now well-known, not only to the parties but to many Canadians, and will not be repeated here. In any … Continue reading

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Final Rule on Tribal Veteran Service Officers

Here. With apologies for the lateness of this post, this rule was promulgated at the end of the Obama Administration: The Department of Veterans Affairs (VA) is amending its regulations concerning recognition of certain national, State, and regional or local … Continue reading

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CRST’s Request for a Temporary Restraining Order against DAPL is Denied

There are a lot of moving parts on the legal side of the NoDAPL fight. This latest is in Standing Rock Sioux Tribe v. Army Corps of Engineers, No. 16-cv-01534, which was started in July. Those initial materials are here. … Continue reading

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Article on Mental Health Outcome Disparities for AI/AN Populations

Identifying and Reducing Disparities in Mental Health Outcomes Among American Indians and Alaskan Natives Using Public Health, Mental Healthcare and Legal Perspectives Hannah E. Payne  · Michalyn Steele  · Jennie L. Bingham  · Chantel D. Sloan

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National Council for Adoption Case Vacated and Remanded

This case was the challenge to the 2015 BIA ICWA Guidelines. The case was dismissed at the district court level, and NCFA appealed the case to the Fourth Circuit. Earlier this week, the appellants motioned to vacate, and today the … Continue reading

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Active Efforts Case out of the Nebraska Court of Appeals

Here. NICWA, however, adds two additional elements the State must prove before terminating parental rights in cases involving Indian children. In re Interest of Walter W., supra. First, the State must prove by clear and convincing evidence that active efforts … Continue reading

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