Category Archives: ICWA

Fifth Circuit Briefs in State of Texas v. Alabama-Coushatta Tribe of Texas

Here: Alabama-Coushatta Tribe Brief Amicus Brief Supporting Tribe Texas Brief Lower court materials here.

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

Montana Supreme Court ICWA Notice Case

Here ¶28 In this case, CPS Lebrun’s testimony that an unidentified person orally confirmed that “they are not eligible, just they can only be descendent members” does not satisfy the Department’s ICWA burden. As a direct result of the Department’s … Continue reading

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

North Carolina “Reason to Know” ICWA Notice Case

Here. *Whether the evidence presented at the adjudication hearing should have caused the trial court to have reason to know an “Indian child” may be involved and trigger the notice requirement is the issue before us. The federal regulations implementing … Continue reading

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Ninth Circuit Dismisses Carter v. Tahsuda [formerly A.D. v. Washburn] as Moot

Here is the order: Doc 75-1 – Memorandum Op Materials are here.

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

More Comments Needed! Now on Title IV-E/Families First Developments

Here. DUE JULY 22. This one is arguably a little more complicated than usual, but also not inherently nefarious. Here’s a very quick overview (with thanks to Jack Trope for his recent presentation up at Grand Traverse Band for all … Continue reading

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

Judge Byrne’s Essay on Family Separation in Time

Here. Judge Byrne has been a leader at NCJFCJ, an ally to tribal judges through NAICJA, and a strong proponent and supporter of ICWA. She’s also a state court judge in Texas.

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2018 ICWA Agents for Notice Includes Incorrect Contact Information

ETA: This is NOT limited to California I have received word that some information in the 2018 Fed Reg ICWA Agents for Notice publication is completely (and wildly) incorrect, even though the information in 2017 was correct (and hadn’t changed): “It … Continue reading

Posted in Author: Kate E. Fort, Child Welfare, ICWA | Tagged , , , | 2 Comments

2018 Designated Agents for ICWA Service

Here! Apparently last year I threatened some of you with embarrassment if you didn’t use these, which I’m not doing this year (but seriously, use these. Do not send notice to the tribal newspaper [yes, that has happened]).  

Posted in Author: Kate E. Fort, Child Welfare, ICWA | Tagged , , | 2 Comments

Washington State Adopts ICWA Pro Hac Rule!

Order here. Effective September 1! ICWA Pro Hac page here.

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

AFCARS Tribal Comments Needed-June 13 Deadline

The Administrating is reconsidering the burdens of the Obama Administration’s Final Rule to collect data on American Indian/Alaska Native children in foster care through the Adoption and Foster Care Analysis and Reporting System (AFCARS). Comments are due June 13. Previous … Continue reading

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