Tag Archives: ICWA

Montana Supreme Court ICWA Notice Case

Here ¶28 In this case, CPS Lebrun’s testimony that an unidentified person orally confirmed that “they are not eligible, just they can only be descendent members” does not satisfy the Department’s ICWA burden. As a direct result of the Department’s … Continue reading

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North Carolina “Reason to Know” ICWA Notice Case

Here. *Whether the evidence presented at the adjudication hearing should have caused the trial court to have reason to know an “Indian child” may be involved and trigger the notice requirement is the issue before us. The federal regulations implementing … Continue reading

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New Mexico’s Children’s Law Institute Conference Call for Presentations

2019 Call for Workshop Proposals I was just asked to speak at this event, and they also forwarded the call for presentations. So submit something, and we can hang out while we educate! We are looking for 1.5 hour long … Continue reading

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2018 ICWA Agents for Notice Includes Incorrect Contact Information

ETA: This is NOT limited to California I have received word that some information in the 2018 Fed Reg ICWA Agents for Notice publication is completely (and wildly) incorrect, even though the information in 2017 was correct (and hadn’t changed): “It … Continue reading

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2018 Designated Agents for ICWA Service

Here! Apparently last year I threatened some of you with embarrassment if you didn’t use these, which I’m not doing this year (but seriously, use these. Do not send notice to the tribal newspaper [yes, that has happened]).  

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Washington State Adopts ICWA Pro Hac Rule!

Order here. Effective September 1! ICWA Pro Hac page here.

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AFCARS Tribal Comments Needed-June 13 Deadline

The Administrating is reconsidering the burdens of the Obama Administration’s Final Rule to collect data on American Indian/Alaska Native children in foster care through the Adoption and Foster Care Analysis and Reporting System (AFCARS). Comments are due June 13. Previous … Continue reading

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Update: New Briefs Filed in Brackeen v. Zinke

Below are the latest filings in Brackeen v. Zinke, challenging ICWA, filed in the Northern District of Texas District Court on May 25, 2018: 108 Law Profs 110-1-Gila Amicus 115 Feds Reply in Opp State Motion to Dismiss 116 Fed … Continue reading

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Consent to Termination of Parental Rights Decision in Michigan Supreme Court

Opinion here The ICWA Appellate Clinic co-represented the tribe in this case. This case involves a complicated question of state statute interpretation regarding a voluntary consent to a termination of parental right in the face of a state termination petition. … Continue reading

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ICWA QEW Opinion in the Minnesota Supreme Court

Opinion The question of what Qualified Expert Testimony (QEW) actually is under ICWA comes up all the time. The Minnesota Supreme Court did a pretty deep dive into what it means in terms of termination of parental rights, and concludes, Read straightforwardly, … Continue reading

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