Author: Kate Fort

WaPo Article on Shut Down and Indian Tribes

Kate Fort

Here.

Some tribes intend to fill the gap in federal funds themselves, risking deficits of their own to cushion communities with chronic high unemployment and poverty against the effects of the budget battle.

“Do we just throw kids onto the street, or do we help them? Most likely we’re going to help those families and do whatever we can until this is unresolved,” said Tracy “Ching” King, president of northern Montana’s Fort Belknap Reservation.

But for other tribes, basic services stand to take a direct hit. That includes programs heavily subsidized by federal agencies and others paid for with tribal money that is suddenly unavailable because it’s being held by the Department of Interior, tribal leaders said.

Dissents in the Lift of Stay in Baby Girl Case and Additional Coverage of Proceedings

Kate Fort

From the Oklahoma Supreme Court. Here.

 In addition to Veronica’s interests, the Cherokee Nation has been a party to all of the proceedings in the courts of South Carolina, in the United States Supreme Court, and in the courts of this State. As such, the Cherokee Nation has a direct and substantial interest in seeing that Veronica’s rights as an Indian child and member of the Cherokee Nation are fully protected, including the right to the special best interests determination under the law of the case. It would be virtually impossible for any court to make this special best interests determination without hearing from the Cherokee Nation.

Reif, V.C.J.

 

Everything in the life of Baby Girl has changed since 2011, and therefore, I cannot join the majority’s decision to dissolve the temporary stay and to deny original jurisdiction.1 Although this is a complicated case, we should accept our legal responsibility to follow established law in making a determination having such a profound impact on the life of this child.

Gurich, J.

H/T Constitutional Law Prof Blog

Today’s Tulsa World coverage here (including a discussion of the contempt charges in South Carolina).

Blatant Notice Disregard in California ICWA Case

Kate Fort

Here. The decision is unpublished. It isn’t just cases where the parent is unsure of their tribal affiliation where this is happening.

In August 2011, at the outset of this case, John told the social worker that he was “a member of the Mission Digueno Tribe[,] a band of the Kumeyaay Indians,” and had a roll number. John also said that he had “Native American Ancestry with the Chumash Tribe in the Santa Ynez reservation….” In his Parentage Inquiry, he declared he had “Chumash and Digueno” heritage. In his Parental Notification of Indian Status, he declared he might have Indian ancestry through a Kumeyaay Tribe and a “Mission Digueno / Chumash” band. In September, John’s sister gave the social worker the roll number shared by all family members.
The social worker sent incomplete ICWA notices to the tribes. Most of the notices listed the roll number only in connection with a relative, did not explain how that relative was related to Matthew and did not explain that the whole family shared the roll number. Most of the notices omitted known information that John and other paternal relatives had received medical and dental treatment at an Indian health clinic. Most of the notices listed a Chumash Tribe association only for the paternal great-grandmother.
None of the responses to the ICWA notices were positive. The court found that ICWA did not apply. In May 2013, the court terminated parental rights.

Briefs Filed in Grand Ronde et al v. Jewell

Kate Fort

Grand Ronde’s Motion for Summary Judgment
Grand Ronde Exhibit One
Clark County et al Motion for Summary Judgment

Previous coverage of the case here.

Notice of Annual NAICJA Meeting

Kate Fort

Here is the announcement for the National American Indian Court Judges Association Annual Meeting and proposed bylaws.

Notice here.

Proposed bylaws here.

Coverage of Transfer of Veronica to Adoptive Couple

Kate Fort3 Comments

Tulsa World here.

SCOTUSblog here.

Indian Country Today here.

Tulsa World: Discussions in Baby Girl Case End Without Settlement (Updated)

Kate Fort

Here.

Before proceeding with the appeal, the state’s high court required last week’s mediation conference at the Court of Civil Appeals in Tulsa, where the families spent five days in negotiations and returned to the courthouse Monday morning for less than an hour.

The case now goes back to the Oklahoma Supreme Court.

ETA: Additional information with statement from Cherokee Nation Attorney General. It appears that the OK Supreme Court lifted the stay. Here.

“This order, just like any other order from a foreign jurisdiction needs to be filed for domestication with the Cherokee Nation District Court,” said Cherokee Nation Attorney General Todd Hembree. “There is a conflicting Cherokee Nation order concerning a Cherokee Nation citizen on Cherokee Nation land. We are a sovereign nation with a valid and historic court system.

“As Attorney General, I will require that our court system be honored and respected. I took an oath when assuming this office to uphold the laws and constitution of the Cherokee Nation and the United States. Nowhere in that oath is it required that I defend the laws of South Carolina.”

Article on Judge Thorne’s Retirement from the Bench

Kate Fort

Here.

As a side note, Judge Thorne spent the last few days in Montana, doing an incredible job encouraging the tribes and state to work together to find ways to achieve better outcomes for Indian kids. Given the work he plans on doing in his retirement, we think “retirement” should really be in quotes. Which is lucky for all of us.

Tulsa World: Still No Negotiated Settlement

Kate Fort1 Comment

Here.

Tulsa World: Judge Confirms Mediations Are Underway

Kate Fort

Article here.

The settlement judge informed the Tulsa World at mid-day Thursday that negotiations were ongoing but that no final agreement had been reached.

It was the first confirmation that this week’s mysterious proceedings were a mediation conference, where legal disputes are settled by negotiations.