Category Archives: Author: Kate E. Fort

Four Intervening Tribes in Texas v. Zinke ICWA Case File Notice to Appeal and Motion to Stay in Fifth Circuit

New Fifth Circuit page here. Tribal Motion for Stay Pending Appeal Finally, the district court’s ruling will cause significant inconsistency throughout the country. As this Court noted in Bryant, when issuing a stay, “[t]he inevitable disruption that would arise from … Continue reading

Posted in Author: Kate E. Fort, Child Welfare, ICWA | Tagged , , , , , ,

Texas Instructs State Attorneys to Stop Following ICWA

Here (section 4).

Posted in Author: Kate E. Fort, Child Welfare, ICWA | Tagged ,

Colorado Court of Appeals ICWA Case on Burden of Proof and Application

Opinion here. ICWA requires two things to apply–an “Indian child” and a “child custody proceeding”. Once both of those things are met, then the court has to apply the heightened standards required by the law. This decision out of Colorado … Continue reading

Posted in Author: Kate E. Fort, Child Welfare, ICWA | Tagged , ,

Injunctive Relief Granted in Indigenous Environmental Network v. U.S. Dept. of State [Keystone XL Pipeline]

Order. Previous posts/filings here. WaPo coverage here. Plaintiffs’ request for injunctive relief is GRANTED. The Court enjoins Federal Defendants and TransCanada from engaging in any activity in furtherance of the construction or operation of Keystone and associated facilities until the … Continue reading

Posted in Author: Kate E. Fort, Environmental | Tagged , , , ,

The Indian Child Welfare Act at 40

On this date in 1978, President Carter signed the Indian Child Welfare Act into law. Senator Abourezk introduced the bill to the Senate on April 1, 1977, and the Senate voted on it on November 4, 1977. Interestingly, while Sen. … Continue reading

Posted in Author: Kate E. Fort, Child Welfare, ICWA | Tagged ,

Nebraska Supreme Court ICWA Decision: Active Efforts

In re Micah H. This case discusses how private parties (grandparents) can provide active efforts in a guardianship situation. This further develops this state case law in this area, most recently addressed in In re Micah H. (Neb. 2016), In … Continue reading

Posted in Author: Kate E. Fort, Child Welfare, ICWA | Tagged , , , ,

Brookings Institute on the Separation of Families

Here My research has failed to uncover a single example of how removing control, jurisdiction, or authority from tribal governments improves outcomes for the AIAN population. While tribal governments are not perfect by any means, it cannot be shown with … Continue reading

Posted in Author: Kate E. Fort, Child Welfare, ICWA, Research | Tagged , , | 1 Comment

Provide Comments on WI Pro Hac Vice for ICWA Attorneys Pending Rule

Well, since I did the California post yesterday on this, multiple people from Wisconsin reminded me that we all need to submit supportive comments there. Many thanks to NL for spelling it out in an email so I can just … Continue reading

Posted in Author: Kate E. Fort, ICWA | Tagged , , , ,

Tribal Law and Policy Institute is Hiring!

Announcement here: Program Specialist Job Announcement_Tribal Law and Policy Institute Education and/or Experience: Required: Bachelor’s degree; experience or demonstrated expertise in tribal justice systems and/or problem-solving courts Preferred: Juris Doctorate, Master’s degree, or other applicable advanced degree Strongly preferred: Four (4) … Continue reading

Posted in Author: Kate E. Fort, jobs | Tagged , , ,

California Eliminates Pro Hac Vice Barriers for ICWA Cases

In a celebrate-the-victories post, the state with the most number of ICWA cases has removed major barriers for out of state ICWA attorneys. California notoriously had some of the highest pro hac fees and tightest limitations on the number of … Continue reading

Posted in Author: Kate E. Fort, Child Welfare, ICWA | Tagged , ,