Tag Archives: ICWA

Unpublished ICWA Case from MN, Judge Jesson Concurrence

Here. This is an unpublished termination of parental rights out of the Minnesota Court of Appeals. Here is the concurrence in its entirety:: With a backdrop of historical trauma and a high number of Indian children being removed from their … Continue reading

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North Dakota ICWA Case on Qualified Expert Witness

Here: Interest of K.S.D. and J.S.D., 2017 ND 289 The lack of qualified expert testimony on whether the continued custody of the child by the parent or Indian custodian is likely to result in serious emotional or physical damage to … Continue reading

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Press Release and Coverage Regarding Texas v. Zinke (ICWA Challenge)

California Tribal Families Coalition, News Release Tribal Coalition Urges Attorneys General to Protect Tribal Children A coalition of California tribes and leaders today urged state attorneys general across 18 states and U.S. territories to stand with tribes in support of the … Continue reading

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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

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Supreme Court Declines to Take S.S. v. CRIT (ICWA case)

Here is the order. Here are the documents. Remember, now in your ICWA briefs you can add that cert. denied signal if you like.

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Texas and Prospective Adoptive Parents File Constitutional Challenge to ICWA and Regulations

Complaint here (northern district of Texas). Additional documents will be posted here. Plaintiffs thus bring this action for declaratory and injunctive relief and pray that this court: (1) vacate and set aside the Final Rule; (2) declare that Sections 1901–1923 … Continue reading

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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

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ICWA Article in NALS by Elise McGowan, ILPC Alum

Here.

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Cert Stage Filings In S.S. v. CRIT (ICWA Case)

This is the cert petition from the Arizona Court of Appeals decision applying ICWA to step-parent or third party adoptions, where Dad attempted to terminate Mom’s rights so Step-Mom could adopt children. Cert petition filed by the Goldwater Institute purportedly … Continue reading

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Termination of Parental Rights ICWA Case Out of Missouri

Here. This case is illustrative of a lot of the things we talk about regarding practicing in an unfamiliar forum, and getting objections on the record. The Tribe (Nenana Native Village) brought an appeal regarding the termination of parental rights, … Continue reading

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