Search Results for: icwa

Media Statements and News Articles on Fifth Circuit ICWA Case

Quote from Intervening Tribes Statement: We applaud the broad coalition of federal lawmakers, attorneys general from 21 states, and 30 child welfare organizations who have joined 325 Tribal governments and 57 Tribal organizations in filing numerous amicus briefs with the … Continue reading

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

Unpublished Nebraska Court of Appeals Case on Active Efforts (ICWA).

Here. We rarely post unpublished ICWA cases because otherwise that’s all we would do. However, in this case involving an analysis of active efforts, the court found that: Efforts made in this case included facilitating supervised visits, providing family support … Continue reading

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

2018 ICWA by the Numbers

Here’s our annual contribution to the ICWA data discussion. I’m nearing to the final set of 2018 ICWA cases. A note on the data–these are cases that are on Westlaw and/or Lexis Nexis, and ICWA (or state equivalent) was litigated. I collect … Continue reading

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

VERY LAST CHANCE to Sign on To Tribal Amicus Brief in Fifth Circuit ICWA Case

From NARF: Dear tribal leaders and tribal counsel, Today the Fifth Circuit Court of Appeals granted a motion that extends the filing deadline for amicus briefs in Brackeen v. Zinke by two days.  This is one last call for Tribes … Continue reading

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Tribal Standing Issue in California Court of Appeals ICWA Decision

Here Mother next contends the juvenile court’s order granting the Tribe’s petitions for modification, and giving full faith and credit to an amended tribal customary adoption order, must be reversed because the Tribe did not have standing to file section … Continue reading

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

Determination of Indian Child ICWA Case out of Montana Supreme Court

Here. In affidavits supporting the TIA and TLC petitions, Child Protection Specialists (CPS) noted they had no reason to believe that any of the children were subject to the Indian Child Welfare Act (ICWA). However, at a May 2016 show … Continue reading

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

Application of ICWA to Guardianship in South Dakota Supreme Court

Here

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ICWA Termination of Parental Rights Case out of Texas Court of Appeals

Opinion here. On October 4, 2018, a federal district court in the Northern District of Texas issued an order declaring that portions of the Indian Child Welfare Act, including its placement preferences, are unconstitutional for several reasons, including that it … Continue reading

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

NAICJA Webinar on ICWA

Do you represent clients in Indian Child Welfare matters? Join this free webinar TODAY to expand your understanding of Indian Child Welfare Act (ICWA) requirements and the best practices reflected in the law. Click here to learn more and register. … Continue reading

Posted in Research

Fifth Circuit Grants Stay in Texas v. Zinke (ICWA)

The Northern District of Texas’s decision finding ICWA unconstitutional is stayed (put on hold and does not apply) pending the appeal of the decision to the Fifth Circuit. Here

Posted in Child Welfare, ICWA