Category Archives: ICWA

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

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

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

Posted in Author: Kate E. Fort, Child Welfare, ICWA, Research, Scholarship | Tagged , , , | Leave a comment

Stephen Pevar: “In South Dakota, Officials Defied a Federal Judge and Took Indian Kids Away From Their Parents in Rigged Proceedings”

Here, from ACLU’s Speak Freely blog.

Posted in Author: Matthew L.M. Fletcher, ICWA, Research | Tagged , , | Leave a comment

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.

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

Unpublished Notice Case in California Regarding Alaska Native Villages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

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

Order Denying Stay Pending Appeal in Oglala Sioux v. Fleming (Van Hunnik)

Download(PDF): Doc. 332 – Order (2/9/2017) Link: Previous posts

Posted in Author: Sarah Donnelly, Child Welfare, ICWA | Tagged , , , | Leave a comment

New: ICWA Guide for Tribal Governments and Leaders

New from the Capacity Building Center for Tribes: ICWA Guide for Tribal Governments and Leaders. Available here, pdf here. Our Children, Our Sovereignty, Our Culture, Our Choice A word from the authors: Our tribes are threatened by the removal of … Continue reading

Posted in Announcements, Author: Victoria Sweet, Child Welfare, ICWA | Tagged | Leave a comment

Active Efforts Case out of the Nebraska Court of Appeals

Here. NICWA, however, adds two additional elements the State must prove before terminating parental rights in cases involving Indian children. In re Interest of Walter W., supra. First, the State must prove by clear and convincing evidence that active efforts … Continue reading

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Oregon Proposed Pro Hac Vice Waiver for Tribal ICWA Attorneys

Here is the proposed rule: {(9) An applicant is not required to associate with local counsel pursuant to subsection (1)(c) of this section or pay the fee established by subsection (6) of this section if the applicant establishes to the … Continue reading

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Arizona COA Holds ICWA Applies to Abandonment Proceedings

Here is the opinion in S.S. v. Stephanie H. (Ariz. Ct. App. — Div. 1). An excerpt: As Mother and the Tribes argue, ICWA’s plain language does not limit its scope to proceedings brought by state-licensed or public agencies. By … Continue reading

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