Tag Archives: ICWA

Another (unpublished) Arkansas ICWA Case Lacking Strong Parent Representation

Here. Another reason for more parent attorney partnerships and training. Matthew noted this happened last September in Arkansas too. From the opinion, it’s not remotely clear the agency notified the Cherokee tribes of dad’s claim here. In addition to the … Continue reading

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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

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Unpublished ICWA Case from Texas

Here. Probably need to do some training down in Texas: On September 9, 2016, the [Texas] Department’s attorney sent proper notice to the Bureau of Indian Affairs. The [Texas] Department [of Family and Protective Services] also sent a letter dated … Continue reading

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MI Supreme Court Administrative Hearing on ICWA Pro Hac Rule

Announcement here. All of the comments submitted on this rule were in support of it–I’m pretty sure I thanked everyone personally, but thank you again to everyone who did.

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Alaska ICWA Case on QEW and Guardianship

Here. Ultimately the question turned on whether a long term guardianship is a foster care placement or a termination of parental rights (which have differing standards of proof). The court found it was a foster care placement, and required the … Continue reading

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Updated ICWA Appellate Page

We’ve updated and cleaned up the ICWA Appellate Page. We’ve also added the eight comprehensive state ICWA laws to the page. A link to the page is now available at the top of Turtle Talk in the menu, and the address … Continue reading

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Unpublished ICWA Case from Kansas Court of Appeals

There’s a lot of discussion about what the standards for removal are in an ICWA case at the first (emergency/24/48/72 hour/prelim/shelter care) hearing after a child is removed. This is the question of the Oglala Sioux v. Van Hunnik federal … Continue reading

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Notice of Appeal in Goldwater ICWA Litigation

As they promised they would, Goldwater filed their notice of appeal to the 9th Circuit in the Arizona ICWA class action case. Here. Order they are appealing is here. As always, documents in the case will be housed here.

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2017 Designated Contacts for ICWA Service

If you don’t use these, I will find out and talk about it in one of my presentations when I’m in your state. Or when I’m in other states. I travel a lot. Print them out and use them PLEASE: 2017-Designated … Continue reading

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The Rights of Indian Children ABA Article

The Rights of Indian Children: Indian Child Welfare Act Regulations | Section of Litigation : Children’s Rights Litigation | Section of Litigation The tribe I worked for decided to “bring the children home” through a focus on children in their … Continue reading

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