Category Archives: ICWA

ICWA Pro Hac Vice Rule Open for Comments in Washington

This is so exciting! Kristi Healing, (in-house at Stillaguamish) submitted this pro hac rule change proposal. Here is the proposed rule in PDF form: WA_Proposed_APR8 Submit comments in support, please! Unless otherwise noted, all comments should be submitted to the … Continue reading

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Standing Case out of California (ICWA)

Here This is a follow up appeal related to an earlier Indian Custodian case. The Court determined the appellant was not an Indian Custodian, and then here tries to determine if he still had standing (he didn’t). Maybe useful for … Continue reading

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Placement Preference Case out of California

Here It’s not clear from the docket who requested this case be published from Nov. 29, but tribal attorneys should take note of the reasoning in the section regarding the tribal government’s ability to change ICWA’s placement preferences. This is … Continue reading

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Termination of Parental Rights Decision out of Wisconsin

Here The Wisconsin Court of Appeals affirmed a termination of parental rights decision under ICWA and WICWA using Adoptive Couple v. Baby Girl (finding abandonment/lack of continued custody by non-Indian father).

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Child Welfare Jurisdiction Case out of Utah

Here The child welfare case did not fall under ICWA because the child was not as a member or eligible for membership in the tribe, so the Court used the UCCJEA to determine jurisdiction.

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Ninth Circuit Briefing in A.D. v. Washburn (Goldwater Litigation)

Here is the case page. 20_Opening Brief_09-01-2017 40_AZResponse 41_GilaNavajoResponse 42_USResponse And yes, the case caption should eventually change–Carter et. al. v. Tahsuda et. al. is how the U.S. brief is captioned.

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New Amended Complaint in ICWA Suit Texas (Brackeen) v. Zinke

The plaintiffs in the ICWA suit out of the federal court in Texas asked for time to file an amended complaint. It’s here. Case page is here. Additional state parties are Indiana and Louisiana. Additional children involved are from White … Continue reading

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Unpublished ICWA Case from MN, Judge Jesson Concurrence

Here. This is an unpublished termination of parental rights out of the Minnesota Court of Appeals. Here is the concurrence in its entirety:: With a backdrop of historical trauma and a high number of Indian children being removed from their … Continue reading

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North Dakota ICWA Case on Qualified Expert Witness

Here: Interest of K.S.D. and J.S.D., 2017 ND 289 The lack of qualified expert testimony on whether the continued custody of the child by the parent or Indian custodian is likely to result in serious emotional or physical damage to … Continue reading

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Alaska OCS-Tribal Services Compact

We’ve been getting a number of questions about this compact, likely due to the level and type of press coverage about it in Alaska (see here). We’ve hesitated to post on it, given all the people who know it much … Continue reading

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