Category Archives: ICWA

Final Version of Fletcher & Singel’s “Indian Children and the Federal-Tribal Trust Relationship” Now Available

Fletcher and Singel will published “Indian Children and the Federal-Tribal Trust Relationship” in the Nebraska Law Review.

Posted in Author: Matthew L.M. Fletcher, Author: Wenona T. Singel, Child Welfare, ICWA, legal history, Michigan Indian, Scholarship | Tagged , , | 1 Comment

ICWA Qualified Expert Witness Case out of Kansas Court of Appeals

Here. This case has a lot of problems, but the biggest one is the lack of a qualified expert witness at the adjudication phase. The court describes child welfare proceedings as falling into two phases: Proceedings that end in termination … Continue reading

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

Alaska ICWA Qualified Expert Witness and Active Efforts Case

Here. This case delves deeply into the qualifications of a qualified expert witness under the 2015 BIA Guidelines. Those requirements were pretty specific, and as the court points out, prioritized cultural knowledge of the child’s tribe. The 2015 Guidelines don’t … Continue reading

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

Arizona Supreme Court Decides ICWA Transfer Case

Opinion here: Gila River Indian Community v. Dept. of Child Safety, Sarah H., Jeremy H., A.D. This case was originally the In re A.D. case, the same A.D. who was the Goldwater Institute’s named plaintiff in Carter (A.D.) v. Washburn … Continue reading

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

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

Edited to add that Nebraska deserves credit for codifying this back in 2015, which I knew and forgot until today when I was doing some research. The provision is at Neb. Rev. Stat. 43-1504(3), a citation which I have now memorized … Continue reading

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

South Dakota Supreme Court Overturns Denial of Transfer to Tribal Court

Here. We agree that the court’s denial of the request to transfer was improper. It is undisputed that the circuit court refused to hold a separate evidentiary hearing on the question of good cause. And the court’s commentary on the … Continue reading

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

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!

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

DOI Consultation Notice on DOI Reorganization

Download(PDF): Tribal Listening Sessions on E.O. 13871: Reorganization of the Executive Branch Acting Assistant Secretary for Indian Affairs, Michael S. Black, invites Tribal leaders to attend one of the listed listening sessions to provide input on improving “efficiency, effectiveness, and accountability” … Continue reading

Posted in Announcements, Author: Sarah Donnelly, Congress, cultural resources, economic development, Environmental, federal recognition, fee to trust, gaming, ICWA, IGRA, Indian Act, Indian gaming, Inland Hunting and Fishing, Land Claim Negotiations, Legislation, NAGPRA, public comments, Regulations, taxation, TLOA, treaty rights, trust relationship, water rights | Tagged | Leave a comment

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

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

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

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