Tag Archives: Colorado Court of Appeals

ICWA Notice Decision in the Colorado Court of Appeals

Opinion here This is a fairly standard notice decision, but the instructions on remand are the kind that more courts of appeals need to provide in ICWA cases. As they are nearly four full pages long, I’m not quoting them … Continue reading

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

Two Published Colorado Court of Appeals ICWA Cases

In this opinion, the Court held ICWA applies to any proceeding that may lead to a foster care placement–even if the child is placed with a parent. These are important cases because the state can have jurisdiction over a family … Continue reading

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

Colorado Court of Appeals ICWA Notice Case

Here. The 2016 Guidelines recommend that if only the tribal ancestral group is indicated, then the Department should notify each of the tribes in that ancestral group to identify whether the parent or child is a member of any such … Continue reading

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

Colorado Court of Appeals Case on Inquiry for ICWA

Here This is a special one:  In this case, the trial court first inquired about the applicability of ICWA at a termination hearing regarding J.A. after orally ordering termination of parental rights. For purposes of ICWA, this was the second child-custody proceeding … Continue reading

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

ICWA Expert Witness Case out of Colorado

Opinion here. The Colorado Court disagrees with holdings in Montana and Michigan on the same issue–what does a qualified expert witness have to say for it to count under 25 U.S.C. 1912(f). Congress’s primary reason for requiring qualified expert testimony … Continue reading

Posted in Research | Tagged , , , , ,

ICWA Inquiry Case out of Colorado Court of Appeals

Here. To decide if the trial court complied with ICWA, we must answer a question that has yet to be decided in Colorado: When a trial court inquires at an initial temporary custody hearing at the commencement of the dependency … Continue reading

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

Published ICWA Inquiry Case from Colorado Court of Appeals

Here. The court found that the agency has to ask about tribal citizenship each time a the agency initiates proceedings against a parent, and not rely on findings in a separate, previous proceeding. Moreover, while not applicable here, we note … Continue reading

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

Published Notice Case out of the Colorado Court of Appeals

In re LL The Court uses the federal regulations and guidelines to determine each participant’s role in inquiry and notice, and remands for proper notice. Unfortunately, the Court then goes on to hold that the higher standard of proof for … Continue reading

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

Colorado COA Dismisses Colorado AG’s Appeal of Cash Advance Matter

Here: Colorado v Cash Advance Colo. COA Opinion Lower court opinion here.

Posted in Author: Matthew L.M. Fletcher, economic development, Research, sovereign immunity | Tagged , , , , , , ,

Colorado COA Affirms Refusal to Transfer ICWA Case to Tribal Court (Sault Tribe)

Here is the opinion in In re T.E.R. An excerpt: In July 2012, mother moved to transfer jurisdiction to tribal court. The Department and the guardian ad litem (GAL) opposed the motion, arguing that good cause existed to deny the … Continue reading

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