Withdrawal of Solicitor’s Opinion Regarding Land into Trust for Alaska Tribes

A day after Tara Sweeney, an Executive Vice President of Arctic Slope Corporation, was appointed as the Assistant Secretary of Indian Affairs, the Department of Interior Solicitor’s Office withdrew a previous opinion regarding the authority of the government to take land into trust for Alaska Natives pending a (you guessed it) notice and comment period:

The Department allowed only 60 days for comment when it proposed removing the Alaska exclusion from its trust land acquisition regulations in 2014. That is in stark contrast to the three years the Department proposed in 2001 to consider the legal and policy implications of removing the Alaska exclusion. Based on the geographical distribution and cultural diversity of Alaska Native communities, a minimum of six months would seem appropriate to provide adequate notice and a meaningful opportunity to comment on the Secretary’s exercise of his authority to take off-reservation land into trust in Alaska and the issues left unresolved by Sol. Op. M-37043, followed by a further six months to allow the Department to conduct a considered review of any and all comments received.

Twitter coverage of this from Indianz on Friday is here.

New Mexico’s Children’s Law Institute Conference Call for Presentations

2019 Call for Workshop Proposals

I was just asked to speak at this event, and they also forwarded the call for presentations. So submit something, and we can hang out while we educate!

We are looking for 1.5 hour long workshops that relate to child welfare, juvenile justice, service providers, advocates, educators, and legal professionals in those systems. Workshops can be geared toward one or more professions. We are seeking intermediate and advanced presentations for experienced professionals and volunteers. Academic paper proposals are not likely to be accepted.

The New Mexico Children’s Law Institute (CLI) is seeking proposals for inspirational, skill building, and solution focused workshops for the 26th annual conference in Albuquerque, New Mexico, January 9-11, 2019.

Deadline for proposal submission is August 17, 2018

 

More Comments Needed! Now on Title IV-E/Families First Developments

Here. DUE JULY 22.

This one is arguably a little more complicated than usual, but also not inherently nefarious. Here’s a very quick overview (with thanks to Jack Trope for his recent presentation up at Grand Traverse Band for all the info).

In somewhat of a surprise development, Congress passed an overhaul to Title IV-E a few months ago. Title IV-E is the reimbursement program for foster care funding. Until this change, called Families First, the funding was triggered both by the removal of the child, and by the family’s income qualification.

Families First does two things–it releases funding for children who are “candidates” for foster care and removes the income qualification for services for those children and families. Allowable pre-removal services include “evidence-based”:

1. Mental health prevention and treatment services
2. Substance abuse prevention and treatment
3. In-home parenting-skill based programs

“Evidence based” Services and programs must be “trauma-informed” and “promising”, “supported”, or “well-supported” practices. HHS is to release practice criteria and pre-approved programs. There are long definitions in the quotes above, but basically:

Promising: one study with a control group
Supported: one study with random control or quasi-experimental
Well-supported: is at least two studies that used a random control or quasi-experimental trial

Finally, HHS must allow programs and services adapted to culture and context of a tribal community. No one really knows how this provision will interact with the evidence based provision above. This call for comments “solicits comments by July 22, 2018 on initial criteria and potential candidate programs and services for review in a Clearinghouse of evidence-based practices in accordance with the Family First Prevention Services Act of 2018.”

The HHS approved list of programs (“Clearinghouse”) will be automatically eligible for the funding. So! If you are provider who knows about such evidence-based practices for tribal youth and families, TELL HHS! Alternatively, if you work for a tribe, you might ask about how tribal consultation will fit into this process.

This may also be a partial game changer for tribes on the fence about doing direct IV-E funding with the federal government. The planning grant for that process should pop up again in the spring.

Judge Byrne’s Essay on Family Separation in Time

Here.

Judge Byrne has been a leader at NCJFCJ, an ally to tribal judges through NAICJA, and a strong proponent and supporter of ICWA. She’s also a state court judge in Texas.

Statement from the Expert Mechanism on the Rights of Indigenous Peoples on Child Separation at the Border

Statement_June2018

The United Nations Expert Mechanism on the Rights of Indigenous Peoples joins the concern expressed by the United Nations High Commissioner for Human Rights and others regarding the situation of families, children, and individuals being detained in the United States of America at its southern border with Mexico. We call on the United States immediately to reunite children, parents, and caregivers that have been separated to date, and to ensure their basic human rights to family, safety, and security.

In addition, the Expert Mechanism calls attention to the particular impact of the United States’ practices regarding international border detentions and prosecutions on indigenous peoples. Many of the individuals now being stopped at the border are of indigenous origin, including Kekchi, Tzutujil, Kacqchikel, and Mam-speakers and other Maya from Guatemala, as well as indigenous peoples from Honduras, El Salvador, Mexico, and other countries. In many instances, they are fleeing situations of economic, social, and political unrest in their homelands where they have been denied rights to self-determination and territory, and have faced discrimination and violence.

The Expert Mechanism expresses particular concern regarding the vulnerability of indigenous children. Many countries, including the United States, have a long history of forced removal of indigenous children from their families, a practice that is now universally condemned by the human rights communities and by federal law in the U.S. because of the trauma it causes to children, their families, and their communities.

More broadly, indigenous peoples, whether migrants or not, have rights under international
instruments including the UN Declaration on the Rights of Indigenous Peoples, supported by 148 nations across the world, including the United States. These include the right to maintain indigenous cultural identity, to be free from forced family separation, to speak their languages (and have translation services), to be free from discrimination and violence, and indeed to migrate. In some instances current international borders cross indigenous peoples’ homelands, including in the case of the Yaqui and Tohono O’odham people who have territory and family members on both side of the Mexico border. We call on the United States to recognize the particular situation of indigenous peoples in its border practices and policies and to uphold the rights and responsibilities set forth in the Declaration on the Rights of Indigenous Peoples.

Also, here is Mark Trahant’s piece, our previous post with NAICJA’s statement, and NCJFCJ’s statement (which went out on our Twitter feed but not here).

2018 ICWA Agents for Notice Includes Incorrect Contact Information

ETA: This is NOT limited to California

I have received word that some information in the 2018 Fed Reg ICWA Agents for Notice publication is completely (and wildly) incorrect, even though the information in 2017 was correct (and hadn’t changed): “It was absolutely correct last year. The person listed is not and has never been affiliated with [TRIBE]. The address is completely wrong, including the city.”

Tribes! PLEASE check this document to make sure your ICWA agent for notice information is correct. If you can, let me know if it isn’t. We are trying to get a sense of whether this is limited to California tribes or not.  This is the document we all train on and send people to (I was honestly in the middle of teaching a class on notice when I received this information). Thank you.

2018 Designated Agents for ICWA Service

Here!

Apparently last year I threatened some of you with embarrassment if you didn’t use these, which I’m not doing this year (but seriously, use these. Do not send notice to the tribal newspaper [yes, that has happened]).

 

Washington State Adopts ICWA Pro Hac Rule!

Order here.

Effective September 1!

ICWA Pro Hac page here.

Michigan DEQ Approves Back 40 Gold Mine Permit

Coverage here

Menominee opposition brochure here: Back40Handout

Previous posts here.

AFCARS Tribal Comments Needed-June 13 Deadline

The Administrating is reconsidering the burdens of the Obama Administration’s Final Rule to collect data on American Indian/Alaska Native children in foster care through the Adoption and Foster Care Analysis and Reporting System (AFCARS). Comments are due June 13. Previous posts explaining this call for comments are here and here and here.

If you are interested in reviewing model comments for tribes stating the data elements should remain intact, please email Delia Sharpe (California Tribal Families Coalition)  at delia.sharpe@caltribalfamilies.org or me at fort@law.msu.edu

We will both be at the California ICWA conference today and tomorrow.