Tag Archives: ICWA

Statement from the Four Intervening/Appellant Tribes on the Stay of the Texas v. Zinke Decision

Joint Tribal Statement re Fifth Circuit Stay 12.3.18 We applaud the Fifth Circuit Court of Appeals for staying a recent ruling in Texas that struck down the Indian Child Welfare Act (ICWA). This stay decision protects children from potential abuse … Continue reading

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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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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

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Texas Instructs State Attorneys to Stop Following ICWA

Here (section 4).

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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

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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

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Texas v. Zinke Update: Stay Denied; Navajo Nation Files Motion to Intervene

In Texas v. Zinke, the ICWA case in the northern district of Texas, the district court judge denied the four intervening defendant tribes’ motion to stay the decision. There has been no stay request filed in the Fifth Circuit nor … Continue reading

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Comments Needed for Pro Hac Vice Rule Change in Wisconsin (ICWA)

Rule here. Letter regarding the rule: 18-04-Ltr to Interested Persons. Comments due by November 29. Any comment to the rule petition should be filed by November 29, 2018, with the Clerk of Supreme Court, Attention: Deputy Clerk-Rules, P.O. Box 1688, Madison, … Continue reading

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