Job Posting: Tulalip Office of Civil Legal Aid Staff Attorney

Here.

White Earth Contingent at Indigenous Law Conference

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Jill Doerfler, Anita Fineday, Victoria Sweet, Judge Leo Brisbois, Keara Moyle

Join us Today and Tomorrow for the 10th Annual Indigenous Law Conference

Agenda here.

We’re on the third floor of the Law College at MSU in the Castle Board Room.

Coverage of Elsipogtog via Twitter Feed

As with Idle No More coverage (and for the same reasons), we’re using twitter (@ILPCTurtleTalk) to retweet coverage and photos from Elsipogtog and other related protests. Our retweets are also automatically posted to our Facebook page.

Chairman Wesaw to Take Position as Executive Director of the Michigan Department of Civil Rights

Here.

DOWAGIAC, MI — Matt Wesaw will retire from his posts as chairman of the Pokagon Band Tribal Council and president/CEO of the Pokagon Gaming Authority as he takes on a new professional position.
Wesaw, who has been tribal chairman of the Pokagon Band of Potawatomi Indians and leader of the Pokagon Gaming Authority since 2008, has been named executive director of the Michigan Department of Civil Rights.

Onondaga Nation Press Release on Denial of Cert

Here (pdf).

The Onondaga Nation’s struggle for justice will not end with today’s denial; and the Nation is working with its attorneys to file a challenge in an international arena–either the United Nation or the Organization of American States Commission on Human Rights.
“We have recognized for years, that no justice would come to the Nation in US courts,” said Onondaga Nation General Counsel, Joe Heath. “The struggle for healing and justice will continue; and this is no longer a land rights case–it is a land rights movement. It is time to admit these historic harms; and it is time for justice, time for healing.”
Contact: Joe Heath, (315) 447-4851; jheath@atsny.com

Previous coverage here.

AAIA and NICWA Legal Guide to Adoptive Couple v. Baby Girl

Here. (pdf)
Includes summary of the case and legal analysis, including the impact of state statutes and tribal/state agreements.

NY Times on Shutdown and Tribes

Here.

Aaron Payment, the chairman of the Sault Tribe of Chippewa Indians in Michigan, said his tribe had already shut down its H.I.V. prevention program and furloughed employees for its Head Start program for a month because of sequestration.

Now, with nearly $1 million in federal money lost since the shutdown, the tribe is scrambling to shift casino revenue from other programs to keep its government afloat.

“We’re in turmoil right now,” Mr. Payment said. “The impact here is going to be felt by the people who need the services the most.”

Kevin Washburn, assistant secretary for Indian affairs, said the shutdown could have long-term effects on tribes and tribal members. Financial deals and economic programs have been suspended. Environmental reviews of tribal projects will be delayed. And the impact on the thousands of Bureau of Indian Affairs employees who have been furloughed is compounded because many support poor relatives, he said.

Dustin Brown to Stop All Legal Proceedings

Tulsa World coverage here.

Ending a custody battle that stretched across two states and dragged on for nearly four years, Dusten Brown will drop all litigation in the “Baby Veronica” case, he announced Thursday.
“I cannot bear to continue it any longer,” Brown said, holding back tears. “I love her too much to continue.”

A Positive ICWA Case Out of California

We almost never see a positive case out of California. Here is one (In re C.S.), and the words of the juvenile referee Sobel from state court:

The court granted the section 388 petitions filed by mother and father, concluding, “We have an American Indian child. That’s different. We have siblings who are with relatives. That’s different. We have a new baby who has been safely in the mother’s care since the [non-detain] petition was filed. That’s different. So, when you say that the children who are placed with foster parents at birth, that is their parent, the parent that is there night and day, you are correct, in every case, that’s correct. But the point of this is what happens to parents in the part that we call reunification? Where at some point do the parents earn the right to become those people? Where is that transference into being able to be a parent? Now, with the two other children . . . , they are with relatives. Those relatives are glad to step back and be relatives. If they need to adopt, they will. But the fact is they are grandparents. They prefer to be grandparents. I have two parents in complete compliance with their original case plan and American Indian. As to [C.’s older sibling and half-sibling], there’s no question there are changed circumstances here. The issue is best interest and I find it’s in the best interest of [the older sibling and half-sibling] to grant the 388 and place the children home of parents: mom for [the half-sibling and sibling], dad and mom for [the sibling]. We’ve already taken [the baby] off the track [by dismissing the non-detain petition as to her]. . . . [C.] is American Indian. She has three siblings. Those siblings are going home. . . . I am telling you, from my heart, an American Indian child belongs in an American Indian home, especially when that home has siblings in it and parents who are appropriate. There is no question that ICWA requires that I do what is right under ICWA; that I do what’s right for this family, understanding and knowing that C. loves [her de facto parents] both as a primary attachment. . . .    I’m granting mother[’s] and father’s 388 as to C., finding there are changed circumstances and that it is in the child’s best interest to be returned to her parents.”