Tag Archives: ICWA

Eighth Circuit Oglala Sioux ICWA Case Oral Arguments

Here. News coverage here.

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Law360 on ICWA and Recent Legal Challenges

Here. Fort says that a spate of suits involving the Goldwater Institute, while so far unsuccessful in winning a hearing by the U.S. Supreme Court, are diverting tribes’ resources into lawsuits and rehashing old arguments about the constitutionality of the … Continue reading

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Briefing Completed in Michigan Indian Family Preservation Act Case

At the Michigan Supreme Court: Order Granting Review Appellant (Father)’s Brief Appellee (Macomb County/State)’s Brief Sault Tribe Amicus Brief (MSU Indian Law Clinic, ICWA Appellate Project co-wrote this brief) American Indian Law Section_AmicusBrief Appellant Reply Oral Argument Scheduling Order

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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

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Arizona Pro Hac Vice for ICWA Attorneys: UPDATE

Previous post with questions here. Proposed changes here. Page for comments HERE. Here’s the clarification–the proposed rule change provides TWO options for out of state attorneys in Arizona ICWA cases: The first is the change to Rule 38, which requires … Continue reading

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Comments Open for Arizona ICWA Practitioner Pro Hac Vice Rule

UPDATED POST HERE. The Arizona tribal-state judicial forum has submitted a proposed rule change to allow out of state ICWA practitioners to enter into cases without having to associate with local counsel or pay a fee. This proposed rule has … Continue reading

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Bay Area ICWA Symposium Request for Workshop Proposals

Here

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Gallegos and Fort on ICWA in the Harvard Public Health Review

Here. ICWA enhances protective factors by requiring court and agency compliance in child welfare proceedings with two cutting-edge provisions: active efforts and placement preferences. Congress deliberately created a higher standard for Indian child welfare proceedings requiring state agencies to provide … Continue reading

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2017 ICWA Appellate Cases by the Numbers

Here’s our annual contribution to the ICWA data discussion. It’s looking like we have the final 2017 data set of appealed ICWA cases. A note on the data–these are cases that are on Westlaw and/or Lexis Nexis, and ICWA (or state equivalent) … Continue reading

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ICWA Pro Hac Vice Rule Open for Comments in Washington

This is so exciting! Kristi Healing, (in-house at Stillaguamish) submitted this pro hac rule change proposal. Here is the proposed rule in PDF form: WA_Proposed_APR8 Submit comments in support, please! Unless otherwise noted, all comments should be submitted to the … Continue reading

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