Tag Archives: ICWA

ICWA Qualified Expert Witness Case out of Kansas Court of Appeals

Here. This case has a lot of problems, but the biggest one is the lack of a qualified expert witness at the adjudication phase. The court describes child welfare proceedings as falling into two phases: Proceedings that end in termination … Continue reading

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Alaska ICWA Qualified Expert Witness and Active Efforts Case

Here. This case delves deeply into the qualifications of a qualified expert witness under the 2015 BIA Guidelines. Those requirements were pretty specific, and as the court points out, prioritized cultural knowledge of the child’s tribe. The 2015 Guidelines don’t … Continue reading

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Oglala Sioux v. Fleming Update and Briefs in the Eighth Circuit

Oglala Sioux v. Fleming (previously Van Hunnik) is the class action suit initiated by the Oglala Sioux and Rosebud Sioux Tribes and the ACLU/Stephen Pevar arguing that Pennington County, SD is violating the due process rights and ICWA rights of … Continue reading

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Two ICWA Cases from the Michigan Court of Appeals

Unreported Notice case (parent challenge, no indication child was eligible for tribal citizenship): In re Applewhiate Reported case: In re JJW_Opinion The MSU Indian Law Clinic/ICWA Appellate Project co-authored the Tribe’s brief in In re JJW.

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Michigan and Oregon Adopt Pro Hac Vice Court Rules for ICWA Cases

Edited to add that Nebraska deserves credit for codifying this back in 2015, which I knew and forgot until today when I was doing some research. The provision is at Neb. Rev. Stat. 43-1504(3), a citation which I have now memorized … Continue reading

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South Dakota Supreme Court Overturns Denial of Transfer to Tribal Court

Here. We agree that the court’s denial of the request to transfer was improper. It is undisputed that the circuit court refused to hold a separate evidentiary hearing on the question of good cause. And the court’s commentary on the … Continue reading

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2017 Michigan Indian Family Preservation Act and ICWA Court Resource Guide

Here. From the Michigan Court Improvement Program. New and updated for 2017! Now with MIFPA and the Regulations!

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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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