Category Archives: ICWA

Consent to Termination of Parental Rights Decision in Michigan Supreme Court

Opinion here The ICWA Appellate Clinic co-represented the tribe in this case. This case involves a complicated question of state statute interpretation regarding a voluntary consent to a termination of parental right in the face of a state termination petition. … Continue reading

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ICWA QEW Opinion in the Minnesota Supreme Court

Opinion The question of what Qualified Expert Testimony (QEW) actually is under ICWA comes up all the time. The Minnesota Supreme Court did a pretty deep dive into what it means in terms of termination of parental rights, and concludes, Read straightforwardly, … Continue reading

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ICWA Notice Decision in the Colorado Court of Appeals

Opinion here This is a fairly standard notice decision, but the instructions on remand are the kind that more courts of appeals need to provide in ICWA cases. As they are nearly four full pages long, I’m not quoting them … Continue reading

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Student Note on ICWA as a Political Classification Statute

Allison Krause Elder has published “Indian” as a Political Classification: Reading the Tribe Back into the Indian Child Welfare Act in the Northwestern Journal of Law & Social Policy. Here is the abstract: In the summer of 2018, the Ninth Circuit will consider … Continue reading

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2017 ICWA Case Law Update and Commentary

Addie Smith and I put this together: Indian Child Welfare Act Annual Case Law Update and Commentary This article provides a comprehensive catalog of published ICWA jurisprudence from across all fifty states in 2017. Designed as a quick reference for … Continue reading

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Montana Supreme Court ICWA Case on Termination Standards

Here Appellant M.D. (Father) challenges the Thirteenth Judicial District Court’s decision to terminate his parental rights to his minor child, A.L.D. Father contends that the State of Montana’s Department of Public Health and Human Services (Department) did not provide the … Continue reading

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Two Published Colorado Court of Appeals ICWA Cases

In this opinion, the Court held ICWA applies to any proceeding that may lead to a foster care placement–even if the child is placed with a parent. These are important cases because the state can have jurisdiction over a family … Continue reading

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Texas v. Zinke (ICWA Challenge) April Update

There were some thirty entries on the Texas v. Zinke docket this month. Relevant documents are on the case page. Since our last update, the feds filed another motion to dismiss. The plaintiffs’ seperated into private and state parties for … Continue reading

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Boston Globe Profile of Dawnland Doc

Here is “Reclaiming a culture, reclaiming a life.” Film festival site.

Posted in Author: Matthew L.M. Fletcher, ICWA | Tagged | 1 Comment

Oklahoma Court of Appeals on Reason to Believe ICWA Case

Here is the opinion. This case went to trial–a unique aspect of Oklahoma child welfare law–on January 23, 24, and 25, where the Mom testified about her work in getting the children enrolled in the Choctaw Tribe. When Mom appealed … Continue reading

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