Tag Archives: notice

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

Posted in Author: Kate E. Fort, Child Welfare, ICWA | Tagged , , , , | Leave a comment

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

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

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

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

Colorado Court of Appeals ICWA Notice Case

Here. The 2016 Guidelines recommend that if only the tribal ancestral group is indicated, then the Department should notify each of the tribes in that ancestral group to identify whether the parent or child is a member of any such … Continue reading

Posted in Author: Kate E. Fort, Child Welfare, ICWA | Tagged , , , | Leave a comment

Colorado Court of Appeals Case on Inquiry for ICWA

Here This is a special one:  In this case, the trial court first inquired about the applicability of ICWA at a termination hearing regarding J.A. after orally ordering termination of parental rights. For purposes of ICWA, this was the second child-custody proceeding … Continue reading

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

Arizona Court of Appeals ICWA Notice Case

Here. I always find it useful when parts of the transcript make it into the appellate court decision: During her direct examination at trial, Mother testified as follows: Q. You advised me earlier that you are affiliated with the Sioux … Continue reading

Posted in Research | Tagged , , , , | 1 Comment

Doe v. Jesson Case (MN Federal ICWA Case) Dismissed as Moot

Here is the opinion. After two years, the Minnesota federal district court dismissed the voluntary adoption case challenging the provisions of the Minnesota Indian Family Preservation Act (MIFPA) allowing for notice and intervention of a child’s tribe in the proceedings. … Continue reading

Posted in Author: Kate E. Fort, Child Welfare, ICWA | Tagged , , , , , , , | Leave a comment

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.

Posted in Author: Kate E. Fort, Child Welfare, Michigan Indian | Tagged , , , , , , , | Leave a comment

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

Posted in Author: Kate E. Fort, Child Welfare, ICWA | Tagged , , , , , | Leave a comment

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

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