Tag Archives: ICWA

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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ICWA Notice Decision in the Colorado Court of Appeals

Opinion here This is a fairly standard notice decision, but the instructions on remand are the kind that more courts of appeals need to provide in ICWA cases. As they are nearly four full pages long, I’m not quoting them … Continue reading

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2017 ICWA Case Law Update and Commentary

Addie Smith and I put this together: Indian Child Welfare Act Annual Case Law Update and Commentary This article provides a comprehensive catalog of published ICWA jurisprudence from across all fifty states in 2017. Designed as a quick reference for … Continue reading

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Montana Supreme Court ICWA Case on Termination Standards

Here Appellant M.D. (Father) challenges the Thirteenth Judicial District Court’s decision to terminate his parental rights to his minor child, A.L.D. Father contends that the State of Montana’s Department of Public Health and Human Services (Department) did not provide the … Continue reading

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