Category Archives: Author: Kate E. Fort

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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Final Report of the California ICWA Compliance Task Force

Report: ICWA Compliance Task Force – Final Report 2017 Press Release: Task Force Presents California Attorney General with Recommendations for Protecting Safety, Civil Rights of Tribal Children

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Goldwater Litigation on the Constitutionality of ICWA Dismissed Without Prejudice

This is the attempted class action litigation claiming ICWA violated the Constitution.This is a big win for ICWA and the legal advocates who worked on this case at the state, federal, and tribal levels. Here is the Order. The legal … Continue reading

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New Article on Structural Racism and Court Appointed Special Advocates

If you sat in on a class I taught last week, you’d know this is my new favorite article: Here. This paper turns attention away from discussions of the race and economic poverty of the families most affected by the … Continue reading

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Michigan Superintendent of Schools Seeks to Fine Schools That Don’t Drop Mascots

Article here. This is primarily in response to the most recent action of the Paw Paw School Board to retain their racist mascot (after a particularly contentious Board meeting). Article here. This is also after the Michigan Department of Civil … Continue reading

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Bringing Native History to Mackinac Island

Here. This has been the result of years of hard work and relationship building. Eric Hemenway has done amazing work on this. “We want to show in the Biddle House that the tribes were not just these passive participants in … Continue reading

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Sixth Circuit Decision on Title IV-E Maintenance Payments to Kinship Placements

Here. Not an ICWA/Indian child case, but one that is important nonetheless given its ruling ensuring Title IV-E maintenance payments. The lack of these payments sometimes make kinship care very difficult on relative placements–Title IV-E maintenance payments cover, among other things, the … Continue reading

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Updated ICWA Defense Project Memo

It’s been a couple of months, so here is the updated ICWA Defense Memo on the cases we are monitoring.

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Unpublished Notice Case in California Regarding Alaska Native Villages

Here. The Fourth Appellate District does more research than DPSS (the agency tasked with notice), and put it into the decision: Respondent argues that there is no federally recognized “Innuit Eskimo” tribe, so notice was not required. It is not quite … Continue reading

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Radio Documentary on Indian Adoption Project

A friend posted she heard this on Minnesota Public Radio recently. Here is the story with a link to the documentary. I was able to listen to more than half of it and it’s really well-done.

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