Category Archives: Author: Kate E. Fort

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

This spring both Michigan and Oregon have changed their court rules to allow out of state attorneys to appear in ICWA cases on behalf of a tribe (Michigan and Oregon) or parent or Indian custodian (Oregon). Both waive the pro … Continue reading

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2017 Michigan Indian Family Preservation Act and ICWA Court Resource Guide

Here. From the Michigan Court Improvement Program. New and updated for 2017! Now with MIFPA and the Regulations!

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House Natural Resources Oversight Subcommittee Hearing on IRA Tomorrow Morning

Here. Entitled “Examining Impacts of Federal Natural Resources Laws Gone Astray,” the hearing memo indicates the IRA is one of the three laws the committee will be discussing.

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Bears Ears Comment Period Is Open and Closes May 26

As we wrote last week, the comment period for Bears Ears is fifteen days long after the notice was issued. Here is the notice. We’ve written on submitting effective comments before here. Comment period ends on 5/26. h/t S.K.

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Bears Ears and the Administrative Process

On Friday afternoon, the Department of Interior asked for comments on various national monuments that were designated under the Antiquities Act as far back as 1996. This is in response to the recent executive order. No president has ever tried to … Continue reading

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Another (unpublished) Arkansas ICWA Case Lacking Strong Parent Representation

Here. Another reason for more parent attorney partnerships and training. Matthew noted this happened last September in Arkansas too. From the opinion, it’s not remotely clear the agency notified the Cherokee tribes of dad’s claim here. In addition to the … Continue reading

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Published ICWA Inquiry Case from Colorado Court of Appeals

Here. The court found that the agency has to ask about tribal citizenship each time a the agency initiates proceedings against a parent, and not rely on findings in a separate, previous proceeding. Moreover, while not applicable here, we note … Continue reading

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Unpublished ICWA Case from Texas

Here. Probably need to do some training down in Texas: On September 9, 2016, the [Texas] Department’s attorney sent proper notice to the Bureau of Indian Affairs. The [Texas] Department [of Family and Protective Services] also sent a letter dated … Continue reading

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Alaska ICWA Case on QEW and Guardianship

Here. Ultimately the question turned on whether a long term guardianship is a foster care placement or a termination of parental rights (which have differing standards of proof). The court found it was a foster care placement, and required the … Continue reading

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