Author Archives: Kate Fort

U.S. Supreme Court Reverses and Remands Lewis v. Clarke

Opinion here. JUSTICE SOTOMAYOR delivered the opinion of the Court. Indian tribes are generally entitled to immunity from suit. This Court has considered the scope of that immunity in a number of circumstances. This case presents an ordinary negligence action … Continue reading

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Unpublished ICWA Case from Kansas Court of Appeals

There’s a lot of discussion about what the standards for removal are in an ICWA case at the first (emergency/24/48/72 hour/prelim/shelter care) hearing after a child is removed. This is the question of the Oglala Sioux v. Van Hunnik federal … Continue reading

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Notice of Appeal in Goldwater ICWA Litigation

As they promised they would, Goldwater filed their notice of appeal to the 9th Circuit in the Arizona ICWA class action case. Here. Order they are appealing is here. As always, documents in the case will be housed here.

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Resiliency In a Trauma-Informed High School

Here. I’ve now brought this article up twice in the past two days (including in class), so I’m posting it. With the help of Natalie Turner, assistant director of the Washington State University Area Health Education Center in Spokane, WA, … Continue reading

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NAICJA/NCJFJC Free Webinar on Peacemaking, April 24

Here: PM Announcement

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Op-Ed in Maclean’s About Canada’s Child Welfare Crisis

Here, by Pam Palmater. Canada’s numbers of Native children in care may be currently worse than pre-ICWA numbers in the United States (Task Force Four Report). The increasing number of First Nations children being placed into foster care in Canada is … Continue reading

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2017 Designated Contacts for ICWA Service

If you don’t use these, I will find out and talk about it in one of my presentations when I’m in your state. Or when I’m in other states. I travel a lot. Print them out and use them PLEASE: 2017-Designated … Continue reading

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The Rights of Indian Children ABA Article

The Rights of Indian Children: Indian Child Welfare Act Regulations | Section of Litigation : Children’s Rights Litigation | Section of Litigation The tribe I worked for decided to “bring the children home” through a focus on children in their … Continue reading

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Federal Oklahoma ICWA Case Dismissed as Moot

This lawsuit challenged the sections of the Oklahoma state ICWA statute (OICWA) concerning notice and intervention of tribes in voluntary proceedings. This case was first filed back in the summer of 2015. On March 31st, the Court agreed with Cherokee … Continue reading

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Published Notice Case out of the Colorado Court of Appeals

In re LL The Court uses the federal regulations and guidelines to determine each participant’s role in inquiry and notice, and remands for proper notice. Unfortunately, the Court then goes on to hold that the higher standard of proof for … Continue reading

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