Author Archives: Kate Fort

Comments Needed for Kansas ICWA Pro Hac Vice Rule Exception

The Kansas Supreme Court is seeking comments on an amendment for to the pro hac vice rule to exempt out of state ICWA attorneys from fees and associating with local counsel. Deadline for comments is March 15, 2019. Rule is … Continue reading

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Wisconsin Passes a Pro Hac Vice Rule Exception for ICWA Attorneys

Order is here. This is a great victory by the tribal attorneys who worked on this issue for the past number of years. All of the ICWA pro hac vice rules are here.

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Reason to Know [ICWA] Out of the Ohio Court of Appeals

2019-ohio-178 In most states, this would most certainly be reason to know, and the agency would be required to do additional inquiry and notify a tribe. When we talk about inconsistent application of the law, this is definitely one of … Continue reading

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Published Permanency/Guardianship [ICWA] Case out of Nebraska Court of Appeals

In re Mercedes L. et al This is a very long decision, but the court’s discussion of appealability of the order is an interesting one.

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Koi Nation v. U.S. Dept. of Interior [Restored Lands Exception]

Complaint Answer Brief on Motion for Summary Judgment Response to Motion for SJ Reply Memorandum Opinion

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Unpublished Nebraska Court of Appeals Case on Active Efforts (ICWA).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 We rarely post unpublished ICWA cases because otherwise that’s all we would do.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

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Article Out of Colorado on Keeping Kids in Foster Care in the Same School

While this article doesn’t talk about Native children populations, this is an aspect of foster care I always teach, and often law students find it surprising that children are moved out of their school district (and related sports teams, academic … Continue reading

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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

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Maine Supreme Judicial Court Affirms Denial of Intervention in Child Welfare Case

Here. The State removed non-member children from their tribal member mother, and opposed the Passamaquoddy Tribe’s request for intervention. While intervention is one of right under ICWA, because these children are non-member children, the Court found that ICWA did not … Continue reading

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Transfer to Tribal Court Decision from Maine Supreme Judicial Court

Here [¶1] Shirley T. and David W. appeal from an order of the District Court (Portland, Powers, J.) denying their and the Oglala Sioux Tribe’s motions to transfer jurisdiction of this child protection matter to the Oglala Sioux Tribal Court … Continue reading

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