Author Archives: Kate Fort

Eighth Circuit Oglala Sioux ICWA Case Oral Arguments

Here. News coverage here.

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Ninth Circuit Briefing in A.D. v. Washburn (Tahsuda)(Goldwater Case)

This is the appeal of the dismissal of the case in the federal District of Arizona purporting to represent all Native children in foster care in Arizona and their non-Indian foster parents or adoptive placements. The Goldwater Institute appealed the … Continue reading

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Draft Guidance on the Native American Children’s Safety Act

Here is the Dear Tribal Leader letter, the guidance, and the request for comments on it:  Draft Guidance for NACSA This bill and guidance puts certain requirements on tribes, tribal courts, and tribal social service agencies regarding foster care placements and … Continue reading

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Law360 on ICWA and Recent Legal Challenges

Here. Fort says that a spate of suits involving the Goldwater Institute, while so far unsuccessful in winning a hearing by the U.S. Supreme Court, are diverting tribes’ resources into lawsuits and rehashing old arguments about the constitutionality of the … Continue reading

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Briefing Completed in Michigan Indian Family Preservation Act Case

At the Michigan Supreme Court: Order Granting Review Appellant (Father)’s Brief Appellee (Macomb County/State)’s Brief Sault Tribe Amicus Brief (MSU Indian Law Clinic, ICWA Appellate Project co-wrote this brief) American Indian Law Section_AmicusBrief Appellant Reply Oral Argument Scheduling Order

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Colorado Court of Appeals Case on Inquiry for ICWA

Here This is a special one:  In this case, the trial court first inquired about the applicability of ICWA at a termination hearing regarding J.A. after orally ordering termination of parental rights. For purposes of ICWA, this was the second child-custody proceeding … Continue reading

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Arizona Pro Hac Vice for ICWA Attorneys: UPDATE

Previous post with questions here. Proposed changes here. Page for comments HERE. Here’s the clarification–the proposed rule change provides TWO options for out of state attorneys in Arizona ICWA cases: The first is the change to Rule 38, which requires … Continue reading

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Comments Open for Arizona ICWA Practitioner Pro Hac Vice Rule

UPDATED POST HERE. The Arizona tribal-state judicial forum has submitted a proposed rule change to allow out of state ICWA practitioners to enter into cases without having to associate with local counsel or pay a fee. This proposed rule has … Continue reading

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Bay Area ICWA Symposium Request for Workshop Proposals

Here

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Gallegos and Fort on ICWA in the Harvard Public Health Review

Here. ICWA enhances protective factors by requiring court and agency compliance in child welfare proceedings with two cutting-edge provisions: active efforts and placement preferences. Congress deliberately created a higher standard for Indian child welfare proceedings requiring state agencies to provide … Continue reading

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