Tag Archives: ICWA

Brookings Institute on the Separation of Families

Here My research has failed to uncover a single example of how removing control, jurisdiction, or authority from tribal governments improves outcomes for the AIAN population. While tribal governments are not perfect by any means, it cannot be shown with … Continue reading

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

Texas v. Zinke (ICWA Challenge) Page Updated

Court documents, press statements, and news articles all organized here.

Posted in Child Welfare, ICWA | Tagged , | Leave a comment

Provide Comments on WI Pro Hac Vice for ICWA Attorneys Pending Rule

Well, since I did the California post yesterday on this, multiple people from Wisconsin reminded me that we all need to submit supportive comments there. Many thanks to NL for spelling it out in an email so I can just … Continue reading

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

California Eliminates Pro Hac Vice Barriers for ICWA Cases

In a celebrate-the-victories post, the state with the most number of ICWA cases has removed major barriers for out of state ICWA attorneys. California notoriously had some of the highest pro hac fees and tightest limitations on the number of … Continue reading

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

Oglala Sioux Tribe Files En Banc Petition in South Dakota ICWA Case

Here is the petition in Oglala Sioux Tribe v. Vargo (AKA Oglala Sioux Tribe v. Fleming, and FKA Oglala Sioux Tribe v. Van Hunnik): En Banc Petition Panel decision here. Briefs here.  

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

Eighth Circuit Dismisses Oglala Sioux v. Fleming Under Abstention Doctrine

Here. This is the long running (initiated before Adoptive Couple v. Baby Girl) case that is attempting to address the due process and ICWA violations against Native families in Pennington Co., South Dakota. Brought by Oglala Sioux, Rosebud Sioux and … Continue reading

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

ICWA/MIFPA Case from the Michigan Court of Appeals

We are wrapping up a training in Montana where every person in the room answered the ICWA pop quiz question: “Do ICWA protections apply to non-Native parents of Indian children?” correctly. Luckily the Michigan Court of Appeals answered it correctly … Continue reading

Posted in Research | Tagged , , , , , , ,

Rare Published Notice Opinion out of California Court of Appeals

In re EH (Fourth District, 1st Div). For reference, so far this year California has had 48 unpublished notice decisions and 19 unpublished inquiry decisions. This is the first published notice case this year. We agree with Mother that, considering Sally … Continue reading

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

CILS Presentation at Cahuilla on Tribal Homes for Foster Placement, Sept. 11

Here. Presentation is by one of the many excellent CILS attorneys–Mica Llerandi.    

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

AFCARS Data Implementation Rule Delayed and Will be Revised. Again.

From the Administration for Children and Families here. The rule is delayed until 2020 and the Administration is going to “streamline” the data elements. And then it might just be delayed again based on the “streamlining”: The Children’s Bureau published … Continue reading

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