Tag Archives: ICWA

Goldwater Litigation on the Constitutionality of ICWA Dismissed Without Prejudice

This is the attempted class action litigation claiming ICWA violated the Constitution.This is a big win for ICWA and the legal advocates who worked on this case at the state, federal, and tribal levels. Here is the Order. The legal … Continue reading

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Updated ICWA Defense Project Memo

It’s been a couple of months, so here is the updated ICWA Defense Memo on the cases we are monitoring.

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Unpublished Notice Case in California Regarding Alaska Native Villages

Here. The Fourth Appellate District does more research than DPSS (the agency tasked with notice), and put it into the decision: Respondent argues that there is no federally recognized “Innuit Eskimo” tribe, so notice was not required. It is not quite … Continue reading

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

National Council for Adoption Case Vacated and Remanded

This case was the challenge to the 2015 BIA ICWA Guidelines. The case was dismissed at the district court level, and NCFA appealed the case to the Fourth Circuit. Earlier this week, the appellants motioned to vacate, and today the … Continue reading

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Active Efforts Case out of the Nebraska Court of Appeals

Here. NICWA, however, adds two additional elements the State must prove before terminating parental rights in cases involving Indian children. In re Interest of Walter W., supra. First, the State must prove by clear and convincing evidence that active efforts … Continue reading

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Oregon Proposed Pro Hac Vice Waiver for Tribal ICWA Attorneys

Here is the proposed rule: {(9) An applicant is not required to associate with local counsel pursuant to subsection (1)(c) of this section or pay the fee established by subsection (6) of this section if the applicant establishes to the … Continue reading

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2016 ICWA Appellate Cases by the Numbers

Here’s our annual contribution to the ICWA data discussion. While a few cases might yet come in, we have our final list of 2016 appealed ICWA cases sorted. A note on the data–these are cases that are on Westlaw and/or Lexis Nexis, … Continue reading

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Cert Opposition Briefs Filed in In re Alexandria P. SCOTUS Petition

Briefs are here. Case page is here. This is the case out of the California Court of Appeals (California Supreme Court denied review) that garnered a lot of media attention regarding the change in placement of a Choctaw girl in … Continue reading

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NICWA Launches Heart of ICWA Video Series

Press Release. The first video is here, and features Quinault President Fawn Sharp and her family. Deepest thanks to her for being a leader unafraid to share her story to help Native families.

Posted in Author: Kate E. Fort, Child Welfare, ICWA | Tagged , , , | 3 Comments

Latest Orders and Injunctions in Oglala Sioux v. Fleming (Van Hunnik)

From Stephen Pevar: Judge Viken issued four sweeping orders  in the Rapid City Indian Child Welfare Act case. One is a Permanent Injunction barring the defendants from continuing to violate seven federal rights of Indian children, their parents, and their tribes. It mandates an “immediate halt” … Continue reading

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