Tag Archives: Cherokee Nation

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 , , , , , | Leave a comment

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 , | Leave a comment

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 , , | Leave a comment

Unpublished California Notice Case Cites 2015 BIA Guidelines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

Two Unpublished Notice Cases out of California

Two unpublished cases, both out of the second district. Here. Where the court spends considerable time interpreting the California statute regarding generations and ICWA notice. CWS has to notice the federally recognized tribes mentioned (Cherokee, Apache, Oglala). Here. Posted for … Continue reading

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

Cherokee Nation seeking hunting & fishing compact with OK

Here.

Posted in Aboriginal Rights, Author: Ann Tweedy, News, treaty rights | Tagged , | Leave a comment

ICWA Placement Preferences Case out of Oklahoma

A disturbing case that is also a prime example of why ICWA Regulations are needed in addition to the new Guidelines (submit comments by MAY 19!) Opinion here. The court reads a best interest determination into the good cause to deviate … Continue reading

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

ICWA Notice Case Out of New Jersey

Here. To minimize the delay in securing permanency and stability for Ann, the trial court shall ensure that the notices are sent forthwith. The judgment terminating parental rights shall be deemed affirmed if after being served with the requisite notices … Continue reading

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