Category Archives: ICWA

ICWA Article in NALS by Elise McGowan, ILPC Alum

Here.

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Cert Stage Filings In S.S. v. CRIT (ICWA Case)

This is the cert petition from the Arizona Court of Appeals decision applying ICWA to step-parent or third party adoptions, where Dad attempted to terminate Mom’s rights so Step-Mom could adopt children. Cert petition filed by the Goldwater Institute purportedly … Continue reading

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Termination of Parental Rights ICWA Case Out of Missouri

Here. This case is illustrative of a lot of the things we talk about regarding practicing in an unfamiliar forum, and getting objections on the record. The Tribe (Nenana Native Village) brought an appeal regarding the termination of parental rights, … Continue reading

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Article on Yellowstone County ICWA Court

Here.  

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Major Utah Supreme Court ICWA Case

In a case that has been pending for just under two years (oral arguments were a year ago May), the Utah Supreme Court found for the biological Indian father in the case, and reversed and remanded the trial court’s decision … Continue reading

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AFCARS Model Comments for Tribes

I posted earlier about the AFCARS proposed information collection activity posted in June. Here is the Federal Register page. There are at least sets of two model comments for tribes in circulation. If you have not yet received any but … Continue reading

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Michigan Court of Appeals Decides MIFPA Application to Removal of Child from the Home

Here is the opinion in In re Detmer/Beaudry. The question of whether an involuntary removal of a child triggers ICWA if the child is not placed in “foster home or institution or home of a guardian or conservator” 25 U.S.C. 1903(1)(i) is … Continue reading

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Comments from Tribes Needed for AFCARS Data Collection

As we have written about here and here and here, the Automated Foster Care and Adoption Reporting System (AFCARS), currently the only federal source of data on children in foster care, recently added data collection elements for AI/AN kids in care. This … Continue reading

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

ICWA Links and Resources from Arizona Talk

I gave a talk last week in Arizona. Here are some links and resources from that presentation: The presentation Cases I discussed: In re T.A.W. In re D.H. Jr. In re A.O. In re L.M.B. Carter v. Washburn/Goldwater class action … Continue reading

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Billings Gazette Piece on the ICWA Court in Yellowstone County

Here. “ICWA is the gold standard for children in foster care,” said Sheldon Spotted Elk, director of the Indian Child Welfare Program for the Casey Family Foundation. The law requires “active efforts” to maintain the child safely in his or … Continue reading

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