Project details are here. The USFS is taking public comments through January 6.
Line 5, of course, is the pipeline that runs under the Straits of Mackinac. Additional information is here.
Author: Kate Fort
N.D. Supreme Court Accepting Comments Until December 30th on Proposed Temporary Rule to Allow Out of State Lawyers Practice
This temporary rule would allow out of state attorneys to practice in North Dakota so long as the “judicial emergency” (i.e., representing those water protectors who have been arrested) ends.
Notice here. Send comments to supclerkofcourt@ndcourts.gov
Anyone can and should comment. Generally speaking, comments from N.D. barred lawyers in support of this rule would be very helpful. Comments out-of-state lawyers who would practice under this rule would be also helpful. Short comments from non-lawyers in support of the rule would also be good, and especially from those who live in-state.
Proposed rule here.
A lawyer authorized to practice law in another United States jurisdiction, and not disbarred, suspended from practice, or otherwise restricted from practice in any jurisdiction may provide legal services in this jurisdiction on a temporary basis. The legal services must be assigned and supervised through the North Dakota Bar Association, which shall adopt an admission application substantially comporting with that used by the United States District Court for the District of North Dakota.
Cert Opposition Briefs Filed in In re Alexandria P. SCOTUS Petition
NICWA Launches Heart of ICWA Video Series
The first video is here, and features Quinault President Fawn Sharp and her family. Deepest thanks to her for being a leader unafraid to share her story to help Native families.
2017 US DOJ Coordinated Tribal Assistance Solicitation (CTAS)
Meant to post this sooner, but the CTAS applications are up and due February 28th. These grants provide can support to tribal courts and tribal justice systems:
In Fiscal Year 2010, the U.S. Department of Justice (DOJ) launched the Coordinated Tribal Assistance Solicitation (CTAS) initiative, which encompassed most of the Department’s available Tribal government-specific grant programs. Through CTAS the Department has awarded over 1,600 grants totaling more than $722 million to hundreds of American Indian and Alaska Native communities. The Tribes are using these funds to enhance law enforcement, bolster justice systems, prevent and control delinquency, strengthen the juvenile justice system, serve sexual assault and elder victims, and support other efforts to combat crime.
Latest Orders and Injunctions in Oglala Sioux v. Fleming (Van Hunnik)
From Stephen Pevar:
Judge Viken issued four sweeping orders in the Rapid City Indian Child Welfare Act case. One is a Permanent Injunction barring the defendants from continuing to violate seven federal rights of Indian children, their parents, and their tribes. It mandates an “immediate halt” to those violations. The Injunction is accompanied by a 27-page decision explaining the need for the remedies being imposed by the Court.
Final AFCARS Rule with ICWA Elements
Here is the final Adoption and Foster Care Analysis and Reporting System Rule incorporating a number of new data elements states will have to report to the feds. These elements include important information on ICWA cases and placements. Many people in our field worked very hard to get these elements included, which required a supplemental notice and comment period.
This is the first time these ICWA data elements will be required by the federal government. The first anticipated annual AFCARS report that will include the information is anticipated by 2020 (thanks, Heather, for this information!).
2016 BIA ICWA Guidelines Released
Here are the 2016 Guidelines. For those keeping track at home:
February 2015, Updated Guidelines replacing the 1979 Guidelines (No Longer in Effect)
June 2016, Federal Regulations released (Became Binding on December 12)
December 2016, Updated Guidelines replacing the February 2015 Guidelines
What this means:
25 USC 1901 et seq (ICWA) has not changed in 1978, and provides the minimum federal standards for Indian families. State ICWA laws (and corresponding court rules) that provide higher standards still apply. The federal Regulations are now binding and are like the federal law. The December 2016 Guidelines are now in effect and are non-binding interpretation of the Regulations (given the way they are drafted).
Nebraska Supreme Court ICWA/NICWA Decision
Here.
This is a tough case of intergenerational removal. The Nebraska Supreme Court finds that both ICWA and NICWA apply to non-Indian parents of Indian children as defined by the statutes. The Court also found that NICWA’s different language in its active efforts provision, which requires active efforts not just to prevent the break up of the family, but to unite the parent with the Indian child, means the Baby Girl holding does not apply to that provision of state law. However, where NICWA’s language is the same as ICWA’s regarding “continued custody” in the termination of parental rights section, the Baby Girl holding does apply, and there is no need to find the continued custody of the child will result in serious physical or emotional damage, where the parent hasn’t had custody of the child.
While the new federal Regulations, which go into effect next week, are useful for tribes and Native families, state ICWA laws continue to hold the most promise for enforcement of the law in the courts. If your state is contemplating drafting one (either through a tribal-state workgroup, Court Improvement Program, or other mechanism), there are resources and people available to provide research and assistance.
Turtle Talk 
You must be logged in to post a comment.