Category Archives: ICWA

Fifth Circuit Grants Stay in Texas v. Zinke (ICWA)

The Northern District of Texas’s decision finding ICWA unconstitutional is stayed (put on hold and does not apply) pending the appeal of the decision to the Fifth Circuit. Here

Posted in Child Welfare, ICWA

United States Files Notice of Appeal in Texas v. Zinke (ICWA)

Notice of Appeal

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NCAI and NARF Information on Tribal Amicus Brief for Texas v. Zinke

Here: Information on the case here. Important Indian Child Welfare Act Case, Brackeen v. Zinke, likely to be appealed to the Fifth Circuit Court of Appeals. NCAI and its partners urge tribal nations to join tribal amicus brief. We need … Continue reading

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Placement Preferences/Active Efforts (ICWA) Case from South Dakota Supreme Court

InreMD Footnote 4: 4. We are aware of the recent decision of the United States District Court for the Northern District of Texas holding parts of ICWA, including its placement preferences, unconstitutional. Brackeen v. Zinke, No. 4:17-cvoo868-0, 2018 WL 4927908 … Continue reading

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WaPo Op-Ed: “Why conservatives are attacking a law meant to protect Native American families”

Here.

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

Four Intervening Tribes in Texas v. Zinke ICWA Case File Notice to Appeal and Motion to Stay in Fifth Circuit

New Fifth Circuit page here. Tribal Motion for Stay Pending Appeal Finally, the district court’s ruling will cause significant inconsistency throughout the country. As this Court noted in Bryant, when issuing a stay, “[t]he inevitable disruption that would arise from … Continue reading

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

Texas Instructs State Attorneys to Stop Following ICWA

Here (section 4).

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

2018 TICA/MSU ILPC Conference Panel #7: Litigating Difficult ICWA Cases

Posted in Author: Matthew L.M. Fletcher, ICWA, Symposia | Tagged , | 1 Comment

Colorado Court of Appeals ICWA Case on Burden of Proof and Application

Opinion here. ICWA requires two things to apply–an “Indian child” and a “child custody proceeding”. Once both of those things are met, then the court has to apply the heightened standards required by the law. This decision out of Colorado … Continue reading

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

The Indian Child Welfare Act at 40

On this date in 1978, President Carter signed the Indian Child Welfare Act into law. Senator Abourezk introduced the bill to the Senate on April 1, 1977, and the Senate voted on it on November 4, 1977. Interestingly, while Sen. … Continue reading

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