Author Archives: Kate Fort

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

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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

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Arizona Supreme Court Decides ICWA Transfer Case

Opinion here: Gila River Indian Community v. Dept. of Child Safety, Sarah H., Jeremy H., A.D. This case was originally the In re A.D. case, the same A.D. who was the Goldwater Institute’s named plaintiff in Carter (A.D.) v. Washburn … Continue reading

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NARF Statement on Bears Ears Interim Report

Here. Last night we retweeted statements from the Bears Ear Coalition and Senator Udall.

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Oglala Sioux v. Fleming Update and Briefs in the Eighth Circuit

Oglala Sioux v. Fleming (previously Van Hunnik) is the class action suit initiated by the Oglala Sioux and Rosebud Sioux Tribes and the ACLU/Stephen Pevar arguing that Pennington County, SD is violating the due process rights and ICWA rights of … Continue reading

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Secretary Zinke Submits 45 Day Interim Report on Bears Ears National Monument

Press release here. Press coverage stating there were more than 55,000 public comments left regarding Bears Ears here. The press release states the comment period on Bears Ears will now be left open until July 10. There are more than 155,000 … Continue reading

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Two ICWA Cases from the Michigan Court of Appeals

Unreported Notice case (parent challenge, no indication child was eligible for tribal citizenship): In re Applewhiate Reported case: In re JJW_Opinion The MSU Indian Law Clinic/ICWA Appellate Project co-authored the Tribe’s brief in In re JJW.

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Michigan and Oregon Adopt Pro Hac Vice Court Rules for ICWA Cases

Edited to add that Nebraska deserves credit for codifying this back in 2015, which I knew and forgot until today when I was doing some research. The provision is at Neb. Rev. Stat. 43-1504(3), a citation which I have now memorized … Continue reading

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South Dakota Supreme Court Overturns Denial of Transfer to Tribal Court

Here. We agree that the court’s denial of the request to transfer was improper. It is undisputed that the circuit court refused to hold a separate evidentiary hearing on the question of good cause. And the court’s commentary on the … Continue reading

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Response to Proposed Trump Administration Budget at ATNI Mid Year Conference

PBS story here. Kevin Washburn’s piece in ICT here. Additional links from Washburn here.

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