Author Archives: Kate Fort

Article Out of Colorado on Keeping Kids in Foster Care in the Same School

While this article doesn’t talk about Native children populations, this is an aspect of foster care I always teach, and often law students find it surprising that children are moved out of their school district (and related sports teams, academic … Continue reading

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2018 ICWA by the Numbers

Here’s our annual contribution to the ICWA data discussion. I’m nearing to the final set of 2018 ICWA cases. A note on the data–these are cases that are on Westlaw and/or Lexis Nexis, and ICWA (or state equivalent) was litigated. I collect … Continue reading

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Maine Supreme Judicial Court Affirms Denial of Intervention in Child Welfare Case

Here. The State removed non-member children from their tribal member mother, and opposed the Passamaquoddy Tribe’s request for intervention. While intervention is one of right under ICWA, because these children are non-member children, the Court found that ICWA did not … Continue reading

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Transfer to Tribal Court Decision from Maine Supreme Judicial Court

Here [¶1] Shirley T. and David W. appeal from an order of the District Court (Portland, Powers, J.) denying their and the Oglala Sioux Tribe’s motions to transfer jurisdiction of this child protection matter to the Oglala Sioux Tribal Court … Continue reading

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Grandparent Standing Case in Arizona Court of Appeals

Here. While the Court of Appeals found that the grandmother didn’t have standing and properly dismissed the case, opinion notes the Tribal Court had already been exercising jurisdiction over the child in a concurrent child custody matter.

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Tribal Standing Issue in California Court of Appeals ICWA Decision

Here Mother next contends the juvenile court’s order granting the Tribe’s petitions for modification, and giving full faith and credit to an amended tribal customary adoption order, must be reversed because the Tribe did not have standing to file section … Continue reading

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Determination of Indian Child ICWA Case out of Montana Supreme Court

Here. In affidavits supporting the TIA and TLC petitions, Child Protection Specialists (CPS) noted they had no reason to believe that any of the children were subject to the Indian Child Welfare Act (ICWA). However, at a May 2016 show … Continue reading

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Application of ICWA to Guardianship in South Dakota Supreme Court

Here

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ICWA Termination of Parental Rights Case out of Texas Court of Appeals

Opinion here. On October 4, 2018, a federal district court in the Northern District of Texas issued an order declaring that portions of the Indian Child Welfare Act, including its placement preferences, are unconstitutional for several reasons, including that it … Continue reading

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Statement from the Four Intervening/Appellant Tribes on the Stay of the Texas v. Zinke Decision

Joint Tribal Statement re Fifth Circuit Stay 12.3.18 We applaud the Fifth Circuit Court of Appeals for staying a recent ruling in Texas that struck down the Indian Child Welfare Act (ICWA). This stay decision protects children from potential abuse … Continue reading

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