Contributors
Author Archives: Kate Fort
ICWA Links and Resources from Arizona Talk
I gave a talk last week in Arizona. Here are some links and resources from that presentation: The presentation Cases I discussed: In re T.A.W. In re D.H. Jr. In re A.O. In re L.M.B. Carter v. Washburn/Goldwater class action … Continue reading
Posted in Author: Kate E. Fort, Child Welfare, ICWA
Tagged Arizona, Case update, Goldwater litigation, ICWA
Leave a comment
Billings Gazette Piece on the ICWA Court in Yellowstone County
Here. “ICWA is the gold standard for children in foster care,” said Sheldon Spotted Elk, director of the Indian Child Welfare Program for the Casey Family Foundation. The law requires “active efforts” to maintain the child safely in his or … Continue reading
Posted in Author: Kate E. Fort, Child Welfare, ICWA
Tagged ICWA, ICWA Court, Yellowstone County
Leave a comment
Doe v. Jesson Case (MN Federal ICWA Case) Dismissed as Moot
Here is the opinion. After two years, the Minnesota federal district court dismissed the voluntary adoption case challenging the provisions of the Minnesota Indian Family Preservation Act (MIFPA) allowing for notice and intervention of a child’s tribe in the proceedings. … Continue reading
Kansas ICWA Case–Ineffective Representation
Here. Sometimes I’m just left sputtering: Initially, Dan Arkell-Roca represented Mother. According to the proffered testimony at the district court’s hearing on this matter, Arkell-Roca obtained Mother’s signature on her no-contest statement to the State’s child in need of care … Continue reading
Posted in Author: Kate E. Fort, Child Welfare, ICWA
Tagged Cherokee Nation, ICWA, In re D.J. Jr., Kansas Court of Appeals
3 Comments
Ohio Court of Appeals ICWA Inquiry Case
Here.
Posted in Author: Kate E. Fort, Child Welfare, ICWA
Tagged ICWA, inquiry, Ohio Court of Appeals
Leave a comment
Cert Petition Filed in ICWA Case out of Arizona
Here is the petition in S.S. v. The Colorado River Indian Tribes. Goldwater has filed cert on an Arizona Court of Appeals case the Arizona Supreme Court refused to review. Here is the Court of Appeals case. Sorry for the … Continue reading
First Nations and Province of Newfoundland & Labrador Enter MOU to Investigate Child Welfare Issues
Article here. Anastasia Qupee, grand chief of the Innu Nation, said it has been “a long road” pressuring government to listen to concerns that children sent away from Labrador find it hard to reintegrate. “It’s a start for government to … Continue reading
Posted in Author: Kate E. Fort, Canada, Child Welfare, Research
Tagged Child Welfare, First Nations, Innu Nation, MOU, Newfoundland & Labrador
Leave a comment
ICWA Qualified Expert Witness Case out of Kansas Court of Appeals
Here. This case has a lot of problems, but the biggest one is the lack of a qualified expert witness at the adjudication phase. The court describes child welfare proceedings as falling into two phases: Proceedings that end in termination … Continue reading
Posted in Author: Kate E. Fort, Child Welfare, ICWA
Tagged ICWA, In re L.M.B., Kansas Court of Appeals, qualified expert witness
1 Comment
Alaska ICWA Qualified Expert Witness and Active Efforts Case
Here. This case delves deeply into the qualifications of a qualified expert witness under the 2015 BIA Guidelines. Those requirements were pretty specific, and as the court points out, prioritized cultural knowledge of the child’s tribe. The 2015 Guidelines don’t … Continue reading
