Tag Archives: Cherokee Nation

Texas v. Zinke (ICWA Challenge) April Update

There were some thirty entries on the Texas v. Zinke docket this month. Relevant documents are on the case page. Since our last update, the feds filed another motion to dismiss. The plaintiffs’ seperated into private and state parties for … Continue reading

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

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

Posted in Author: Kate E. Fort, Child Welfare, ICWA | Tagged , , , , , , , , | 4 Comments

Federal Court Rules Cherokee Freedmen Retain Treaty Rights

Here is the opinion in Cherokee Nation v. Nash (D.D.C.). More details tomorrow. An excerpt: The Court finds it confounding that the Cherokee Nation historically had no qualms about regarding freedmen as Cherokee “property” yet continues, even after 150 years, to … Continue reading

Posted in Author: Matthew L.M. Fletcher, Research, treaty rights, tribal membership | Tagged , ,

Kansas ICWA Case–Ineffective Representation

Here. Sometimes I’m just left sputtering: Initially, Dan Arkell-Roca represented Mother. According to the proffered testimony at the district court’s hearing on this matter, Arkell-Roca obtained Mother’s signature on her no-contest statement to the State’s child in need of care … Continue reading

Posted in Author: Kate E. Fort, Child Welfare, ICWA | Tagged , , , | 3 Comments

A Little History on Andrew Jackson and the Supreme Court (for Mike Huckabee)

Mike Huckabee invoked Andrew Jackson in encouraging the President to not comply with federal court orders striking the Muslim travel ban, saying “Hoping @POTUS tells Hawaii judge what Andrew Jackson told overreaching court-“I’ll ignore it and let the court enforce … Continue reading

Posted in Author: Matthew L.M. Fletcher, legal history, Research, Supreme Court | Tagged , , , , ,

Bloomberg Commentary on Cherokee Marriage Equality

Noah Feldman has published “Cherokees’ Gay-Marriage Law is Traditional.”

Posted in Author: Matthew L.M. Fletcher, marriage equality, Tribal Codes, tribal constitutions | Tagged ,

Oklahoma Court of Appeals Case Granting Transfer to Tribal Court

Here. And the OK Supreme Court agreed to publish the decision.  This case involved a guardianship: ICWA defines “foster care placement” as “‘any action removing an Indian child from its parent or Indian custodian for temporary placement in a foster … Continue reading

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

ICWA Placement Preference and Burden of Proof Case Out of Oklahoma Supreme Court

Here. The Honorable Wilma Palmer, Special Judge, for the District Court of Tulsa County, ordered the transfer of a minor child S.A.W., from a foster home to a home compliant with the Indian Child Welfare Act. The State, natural father, … Continue reading

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

Published California Court of Appeals ICWA Notice Case

Here. Out of the Second Appellate Division, L.A. County. The State has the ongoing duty to send updated notices when they receive additional information. The issue presented in this case is whether there is a duty under the ICWA to … Continue reading

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

Unpublished California Notice Case Cites 2015 BIA Guidelines

Court reversed and remanded for ICWA notice compliance. Opinion here. The recently updated “Guidelines for State Courts and Agencies in Indian Child Custody Proceedings” (Guidelines) provide that tribes have the sole jurisdiction and authority to determine whether a child is … Continue reading

Posted in Author: Kate E. Fort, Child Welfare, ICWA | Tagged , , , | 3 Comments