This extension is regarding the letter in this post. The Administration (DOI, HHS, and DOJ) are asking for input on the following: What additional supports
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The Uniform Law Commission is seeking to consult with tribes regarding the need and/or benefit of a uniform ICWA law for those states that either
Over the last week, I’ve put together a (large, clunky) Google sheets of all the state ICWA laws. It isn’t perfect and subject to change
The tribal child custody case here has received a lot of social media attention with very few details. The case is in Selawik Tribal Court.
Ex re Delaware Tribe v. Hon. Nowicki-Eldridge This is, as you might imagine, a description of a mess where the West Virginia agency never contacted
Next opinion day is June 8. While we wait for Brackeen, I wanted to highlight this story from Colorado, where the Office of Respondent Parents’
Here is the opinion IN THE MATTER OF S.J.W. This is a truly unfortunate opinion with absurdly weak analysis that extends the reasoning in Castro-Huerta
Opinion here: N00009406PUB At Fed Bar this year, I spoke about concerns regarding the definition of an Indian child for the purposes of ICWA when
https://www.washingtonpost.com/obituaries/2023/02/24/james-abourezk-senator-dakota-dies/ Senator James Abourezk passed away on Friday. He was 92 years old. He was the first chair of the Senate Committee on Indian Affairs.
Over the past few weeks, a number of states have been considering state ICWA laws. I’m keeping the bills updated here, along with their current
A.J.B. and O.F., Petitioners, v. MONTANA EIGHTEENTH JUDICIAL DISTRICT COURT GALLATIN COUNTY (2023) FindLaw I won’t lie, guys, I had to read this one multiple
2023-da-22-0405 The Court agreed that ICWA applied to a third party custody petition where the parent could not get her child back upon demand, but
Here is the report. 2022.12.15_alaska_findings_report_0.pdfDownload From the press release: The Department of Justice announced today that it found reasonable cause to believe that the State
Morning Edition “ICWA doesn’t prevent an individualized assessment of the best placement for each child,” says Kathryn Fort, director of the Indian Law Clinic at
Colorado is the most recent state to add a pro hac rule for ICWA cases. This rule is pretty narrow, and only applies for attorneys
With the reply briefs filed yesterday, all of the briefing is completed in the Supreme Court case Haaland v. Brackeen. Oral argument will be at
sp-7604 The question of qualified expert witness (QEW) has confounded the Alaska Court for years, and unfortunately the regulations and guidelines didn’t provide quite as
We have a total of 21 pro-ICWA Amicus Briefs. Here they are in some rough categories and some VERY rough summaries. In writing this post,
The NNCTC is publishing a series of essays on Native child welfare, ICWA, and boarding schools. They are all available here. In the most recent,
Merits brief on behalf of the intervening tribes–Cherokee Nation, Oneida Nation, Quinault Indian Nation, Morongo Band of Mission Indians, Navajo Nation–in the Haaland v. Brackeen
Featuring amazing scholars — Neoshia Roemer, Heather Tanana, Lauren Van Schilfgaarde, and Dean Elizabeth Kronk Warner.
Here. This post is part of a larger symposium on adoption, family separation & preservation, and reproductive justice. Other posts on Native children and Native
Here: Boarding_School_Initiative_Volume_1_Investigative_Report_May_2022 Assistant Secretary Newland makes eight recommendations to the Secretary of the Interior to fulfill the Federal Indian Boarding School Initiative, including producing a
sp-ord-116 These kind of cases feel like they are coming in a rapid speed right now–this is the third one I am aware of that
Even though this is not an ICWA case, three people have sent me this opinion by Justice Montoya Lewis regarding the primacy of relative placement
Today Texas, the individual plaintiffs, the Solicitor General, and the intervening tribal nations filed petitions for certiorari with the U.S. Supreme Court asking the Court
inrechDownload South Dakota is sending us into the weekend with a positive attitude with this decision. In a shocking development it turns out
Final_Motion for Summary Judgment Plaintiffs have standing to bring this case. Plaintiffs here include the largest federally recognized tribes in California and in the
NCJFCJ has a cool new publication on ICWA courts, specifically the Duluth ICWA court which is (in my humble opinion) the national model for this
Here is the opinion in United States v. Clark.
Today: Kate Fort, ILPC; Annette Nickel, Pokagon Band of Potawatomi Indians, Jade White, Saint Regis Mohawk Tribe, Tamera Begay, Puyallup Tribe of Indians. I’m awfully
2020-09817-Final Rule Here is the new final AFCARS (Adoption and Foster Care Analysis and Reporting System) rule with virtually none of the elements we asked