Tag Archives: Indian Child Welfare Act

Stephen Pevar: “In South Dakota, Officials Defied a Federal Judge and Took Indian Kids Away From Their Parents in Rigged Proceedings”

Here, from ACLU’s Speak Freely blog.

Posted in Author: Matthew L.M. Fletcher, ICWA, Research | Tagged , , | Leave a comment

Letter to Editor re: ABA J. Article on Alexandria P./R.P. Case

Here: “Children of the Tribe”, October, sadly reports without question the Pages’ version of Lexi’s transfer to a kinship placement supported by her own attorney, the state of California and the Choctaw Nation. Worse, the article uncritically highlights the media … Continue reading

Posted in Author: Matthew L.M. Fletcher, ICWA, Research, Supreme Court | Tagged , , , | Leave a comment

Oglala Sioux Moves for Summary Judgment against South Dakota Dept. of Social Services for Inadequate Training and Supervision

Here is the pleading in Oglala Sioux Tribe v. Fleming (D.S.D.): BRIEF IN SUPPORT OF PLAINTIFFS’ MOTION FOR PARTIAL SUMMARY JUDGMENT AGAINST THE DSS DEFENDANTS RE: INADEQUATE TRAINING AND SUPERVISION PLAINTIFFS’ STATEMENTS OF UNCONTESTED FACTS RE: PARTIAL SUMMARY JUDGMENT AGAINST … Continue reading

Posted in Author: Matthew L.M. Fletcher, Research | Tagged , , | Leave a comment

Parent’s Attorney Misunderstands ICWA; Arkansas COA Goes Along With It

Here is the opinion in King v. Arkansas Dept. of Human Services (Ark. Ct. App.): King v Ark DHS Opinion Maybe it’s a little thing, maybe not, but the court allowed an attorney to withdraw from representation, in part, on … Continue reading

Posted in Author: Matthew L.M. Fletcher, ICWA, Research | Tagged , , | 1 Comment

Kristen Carpenter on ICWA in Cato Unbound

Here is “One River, Two Canoes: Peace and Respect in Indian Child Welfare.” Kristen’s first post in this series is here.

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Third Fletcher Commentary on ICWA in Cato Unbound

Here is “A History Lesson“: An excerpt: Reformers are still trying to save Indian children by taking them away from Indian families and tribes. Mr. Sandefur would rather force Indian children into state court systems by undoing ICWA, perhaps because … Continue reading

Posted in Author: Matthew L.M. Fletcher, ICWA, Michigan Indian | Tagged , | 3 Comments

Fletcher: “The Next Justice’s Impact On The Indian Child Welfare Act” (law360.com)

The Next Justice’s Impact On The Indian Child Welfare Act Matthew L.M. Fletcher Justice Antonin Scalia’s death impacts Indian country in dramatic ways. Last term, the most critical tribal court jurisdiction appeal to hit the Supreme Court of the United States in decades was … Continue reading

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Fletcher (again) on ICWA in Cato Unbound

Here is “A Civics Lesson.” An excerpt: In legal analysis, facts matter, and so it is time to return to the war on facts in this series. Mr. Sandefur still tries to attack ICWA in the Alexandria P. matter, even … Continue reading

Posted in Author: Matthew L.M. Fletcher | Tagged , | 1 Comment

Fletcher on ICWA at Cato Unbound

Here is “Limit Government Intrusion in Indian Families’ Lives.” This essay is part of a series of online essays at Cato Unbound on the Indian Child Welfare Act. Excerpts: The Indian Child Welfare Act (ICWA) restricts government intervention in Indian … Continue reading

Posted in Author: Matthew L.M. Fletcher, ICWA, Scholarship | Tagged | 2 Comments

Donald Trump and Federal Indian Policy: “They don’t look like Indians to me.”

In 1993, Donald Trump appeared before the United States House of Representatives Committee on Natural Resources to offer testimony on Indian gaming. 1993 Donald Trump bears a striking resemblance to Presidential Candidate Donald Trump, in terms of demeanor and language … Continue reading

Posted in Author: Bryan Newland, Uncategorized | Tagged , , , , | 3 Comments