Category Archives: ICWA
Here. This is the second time recently a well-reasoned QEW case has been unreported, which means it can’t be used as precedent. The first was in Washington. In re K.S., 199 Wash.App. 1034 (2017). This one is out of the … Continue reading →
Here. This is a procedurally complicated case, with a hostile GAL. The conclusion of the appellate court is disappointing: It is not for this court to decide where and with whom C.J., Jr. should live. However, we have been asked … Continue reading →
Here is the advanced notice of proposed rulemaking where HHS is reopening the FINAL RULE adopting new data elements on kids in foster care, including ones on ICWA. Comments on how yes, really, we really do want ICWA data, just … Continue reading →
Film here. Sandy White Hawk, Adam Mazo, and Ester Anne Attean
Here. The 2016 Guidelines recommend that if only the tribal ancestral group is indicated, then the Department should notify each of the tribes in that ancestral group to identify whether the parent or child is a member of any such … Continue reading →
Here. Parents appeal from a superior court’s order that the Office of Children’s Services (OCS) had satisfied the Indian Child Welfare Act’s (ICWA) requirements authorizing the removal of their daughter, an Indian child, from their custody. Because the court relied … Continue reading →
Here is SB 616. Here is the press release. Here is some news coverage. This bill was driven entirely by the tribes in Michigan–especially the in-house ICWA attorneys and tribal social workers who have been expressing concern with not getting enough … Continue reading →
Here is today’s order list. The Court denied cert in Renteria v. Superior Court & Norton v. Ute Indian Tribe.
As a reminder, this is the cert petition regarding the very long Utah Supreme Court decision which held there is a federal reasonableness standard for determining whether an unwed father is a parent under ICWA. That decision is here. Another … Continue reading →
Here. News coverage here.