Author Archives: Kate Fort

Notice Case out of Alabama [ICWA]

Here. Sometimes even I am struck dumb by the notice cases: A second form, dated in 2017 and signed by C.L.B., was also introduced into evidence. C.L.B. testified that his mother had assisted him in completing the 2017 form. On … Continue reading

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AFCARS ICWA Data Elements Tribal Consultation

Here is the information on the June 3 tribal consultation on the Adoption and Foster Care Analysis and Reporting System. Comments are due June 18.

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2019 ICWA Agents for Notice

Here This year’s version appears to correct the mistakes in the 2018 list. That means it is even more important to share this year’s list of agents for notice.

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2018 ICWA Case Update PowerPoint

I get this request a lot, so here is a pdf of a PowerPoint with detailed citations and information for 2018/annual TICA update. If you need a PPT copy, let me know.

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Adoption and Foster Care Analysis and Reporting System (AFCARS) Notice of Proposed Rule Making. Again.

Here. We cannot currently track on a national level in any way how ICWA works, where children who are involved in ICWA cases are placed, what their outcomes are, or how many cases are transferred to tribal court, as examples. … Continue reading

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Cert Stage Briefing Completed on Carter v. Sweeney (frmly A.D. v. Washburn)[ICWA]

This is otherwise known as the Goldwater litigation, the second federal case filed back in 2015 in Arizona. Documents are here

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South Dakota Supreme Court Denies Transfer to Tribal Court [ICWA]

Here The Tribe requested transfer and the child’s attorney objected. The trial court did not allow testimony regarding bonding and attachment from the child’s doctor. The Supreme Court held With or without the 2016 regulations, though, circuit courts need the … Continue reading

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Arizona Court of Appeals Requires Qualified Expert Witness in Guardianships [ICWA]

Here Although ICWA does not explicitly recognize “permanent guardianships,” a comparison of Arizona’s statute for permanent guardianship and ICWA’s definition for a “foster care placement” shows that ICWA applies in permanent guardianships. *** Section 1912(e)’s plain language states that no … Continue reading

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Column on Wayne County and ICWA in Chronicle for Social Change

Here Some notes. It’s a federal requirement to inquire about a child’s tribal citizenship regardless of state law. There are eight states with comprehensive state ICWA laws (the article is missing California and Wisconsin), and that doesn’t count states that … Continue reading

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Transfer to Tribal Court [ICWA] Decision out of New York

Opinion here The child’s attorney opposed the transfer, and the appellate court supported the decision of the Family Court to transfer to the tribe.

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