Category Archives: ICWA

Ninth Circuit Denies En Banc Petition in Carter v. Tahsuda

Here: doc-78-pet-for-rehearing-denied.pdf Case page here.

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

Adrea Korthase on the Definition of “Indian Child” in the Era of Assisted Reproductive Technology

Adrea Korthase has published Seminal Choices: The Definition of “Indian Child” in a Time of Assisted Reproductive Technology in the Journal of the American Academy of Matrimonial Lawyers. HIGHLY RECOMMENDED!

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

Brookings Institute on the Separation of Families

Here My research has failed to uncover a single example of how removing control, jurisdiction, or authority from tribal governments improves outcomes for the AIAN population. While tribal governments are not perfect by any means, it cannot be shown with … Continue reading

Posted in Author: Kate E. Fort, Child Welfare, ICWA, Research | Tagged , , | 1 Comment

Texas v. Zinke (ICWA Challenge) Page Updated

Court documents, press statements, and news articles all organized here.

Posted in Child Welfare, ICWA | Tagged , | 1 Comment

ICT: “Texas Judge rules Indian Childhood Welfare Act as unconstitutional”

Here. An excerpt: Nicole Adams and other advocates are calling for Indian Country’s leaders and tribes to act now to protect ICWA and the sovereignty of tribes before it is too late. Adams warns, “we don’t want to look back … Continue reading

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

Partnership for Native Children PR on Texas ICWA Case

Partnership for Native Children Decries Anti-ICWA Decision Calls judge’s ruling ‘an outlier, out of step with the law and constitutional jurisprudence’ The Partnership for Native Children strongly disagrees with and is disturbed by Judge O’Connor’s decision in Brackeen v. Zinke which has … Continue reading

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

California Tribal Families Coalition Press Release on Texas ICWA Case

U.S. District Court Decision Puts Native American Children and Families at Risk The California Tribal Families Coalition joined others nationwide in expressing disappointment over the ruling. In an unprecedented ruling that threatens Native American children and families, U.S. District Court … Continue reading

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

Tribes’ Statement re: Brackeen v. Zinke Decision

STATEMENT REGARDING RULING STRIKING DOWN THE INDIAN CHILD WELFARE ACT We strongly disagree and are deeply disappointed with Judge O’Connor’s decision in Brackeen v. Zinke in the U.S. District Court for the Northern District of Texas striking down the Indian Child Welfare … Continue reading

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

Federal Judge Rules ICWA Unconstitutional in Brackeen v. Zinke

Here is the opinion in Brackeen v. Zinke (N.D. Tex.): 166_DCT Order.pdf Case page with briefs here. A federal court has held that ICWA violates the equal protection component of the Fifth Amendment’s Due Process Clause, rejecting the Morton v. … Continue reading

Posted in Author: Matthew L.M. Fletcher, ICWA, Research | Tagged , , , , , , | 3 Comments

Provide Comments on WI Pro Hac Vice for ICWA Attorneys Pending Rule

Well, since I did the California post yesterday on this, multiple people from Wisconsin reminded me that we all need to submit supportive comments there. Many thanks to NL for spelling it out in an email so I can just … Continue reading

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