Tag Archives: ICWA

Tribal Consultation on the Proposed AFCARS Changes

Here is the letter sent today: Tribal Consultation Notification 4-16-2018 This is on the proposed changes to the Adoption and Foster Care Analysis and Reporting System (AFCARS), the way the feds collect from the states on adoption and foster care. … Continue reading

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California ICWA Attorneys Pro Hac Waiver Proposal

And the biggest ICWA state joins the movement! Comments on this are due June 8, 2018. Here is the proposal to change the rules to waive associating with local counsel and remove the limit on the number of times appearing … Continue reading

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25th Annual ICWA Conference (California), June 4-6

(Word is I’m speaking at this one.)

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Update in Texas v. Zinke (federal ICWA case)

Here are the updated filings in the federal ICWA case in Texas: The federal government filed a motion to dismiss, here. But THEN, Plaintiffs filed (another) amended complaint–here. It’s about 8 pages longer than the previous complaint, and adds the … Continue reading

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Dismissal of the Watso v. Piper Case

There have been a long series of federal cases in Minnesota involving tribal court child welfare jurisdiction over non-member children residing on the reservation (Watso, Nguyen). Most recently, Watso v. Piper was dismissed. The magistrate’s decision (that was upheld), is … Continue reading

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Montana Supreme Court: State has Duty to Actively Determine if Child is Indian Child

Here. In this case, as early as 2014, the State, through the Department, had reason to believe and, as asserted in its various petition averments and request for the District Court to proceed under ICWA, did believe that L.D. was … Continue reading

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In re B.B./R.K.B. v. E.T. Cert Denied

This morning the Supreme Court denied cert in the Utah Supreme Court case establishing a federal standard of reasonableness for a putative father to acknowledge or establish paternity. Case page here. Order list here.

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Unpublished QEW Opinion out of Texas Court of Appeals

Here. This is the second time recently a well-reasoned QEW case has been unreported, which means it can’t be used as precedent. The first was in Washington. In re K.S., 199 Wash.App. 1034 (2017). This one is out of the … Continue reading

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Transfer to Tribal Court Case out of the Ohio Court of Appeals

Here. This is a procedurally complicated case, with a hostile GAL. The conclusion of the appellate court is disappointing: It is not for this court to decide where and with whom C.J., Jr. should live. However, we have been asked … Continue reading

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Déjà vu All Over Again: AFCARS Comments Needed

Here is the advanced notice of proposed rulemaking where HHS is reopening the FINAL RULE adopting new data elements on kids in foster care, including ones on ICWA.  Comments on how yes, really, we really do want ICWA data, just … Continue reading

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