Press Release here.
Problem here.
Author: Kate Fort
U.S. HHS Seeks Members for AI/AN Health Advisory Council
Here.
The HHS Office of Minority Health is currently recruiting to fill several vacancies on the HHS American Indian and Alaska Native Health Research Advisory Council (HRAC) which addresses health disparities in Indian County. The HRAC supports collaborative research efforts between HHS and tribal partners by providing input and guidance on policies, strategies, and programmatic issues affecting Indian tribes. The HRAC consists of 16 delegates: one delegate from each of the 12 Indian Health Service Areas; and four national-at-large delegates.
ICWA Case out of Texas Court of Appeals Declines to Extend Baby Girl
Here is the opinion.
The Court reversed a termination of parental rights because there was no qualified expert witness testimony. The State argued that because of Adoptive Couple v. Baby Girl, the section of ICWA governing burden of proof and QEW (25 U.S.C. 1912(f)) did not apply. The Court rejected this argument.
In addition, the Court used the 2015 Guidelines to determine if a proper QEW testified:
The Bureau of Indian Affairs has created guidelines for state courts to use in Indian child custody proceedings. Bureau of Indian Affairs Guidelines for State Courts and Agencies in Indian Child Custody Proceedings, 80 Fed.Reg. 10147 (February 25, 2015). These guidelines do not have binding legislative effect, but Texas appellate courts have utilized the Guidelines when interpreting ICWA. See In re K.S., 448 S.W.3d 521, 529 (Tex.App.–Tyler 2014, pet. denied) (utilizing the earlier version of the Guidelines); In re J.J.C., 302 S.W.3d 896, 900 (Tex.App.–Waco 2009, no pet.)(same); In re R.R., 294 S.W.3d at 217 (same); see also Yavapai-Apache Tribe v. Mejia, 906 S.W.2d 152, 163-64 (Tex.App.–Houston [14th Dist.] 1995, orig. proceeding). The updated BIA Guidelines address the applicable standards of evidence.
The updated BIA Guidelines address the applicable standards of evidence. Section D.3(b) states:
The court may not order a termination of parental rights unless the court’s order is supported by evidence beyond a reasonable doubt, supported by the testimony of one or more qualified expert witnesses, that continued custody of the child by the parent or Indian custodian is likely to result in serious harm to the child. [Emphasis added].
80 Fed.Reg. 10156. Thus, the challenged finding cannot stand unless it is supported by the testimony of a qualified expert witness.
Section D.4 pertains to the qualifications an expert witness must possess.
***
After reviewing the entire record, we conclude that the challenged finding is not supported by the testimony of a qualified expert witness. The caseworker, Lizette Frias, was not shown to possess the required knowledge or expertise. There is no evidence that Frias is a member of the Oglala Sioux tribe or another tribe, or that she is recognized by any tribe as having substantial experience in the delivery of child and family services to Indians. Further, there is no evidence that she has knowledge of the prevailing social and cultural standards and childrearing practices within the Oglala Sioux tribe.
Navajo Nation Motion for Intervention and Motion to Dismiss in ICWA Goldwater Litigation
Briefing Completed in Gila River Indian Community Motion to Intervene in ICWA Goldwater Litigation
47 – Gila River Motion to Intervene
72 – OppositiontoGilaIntervention
76 – Gila River Reply in Support of Motion to Intervene
Plaintiffs in the case also filed their response to DOJ’s motion to dismiss. A hearing on the matter is scheduled for December 18.
Collected filings here.
Reported ICWA Notice Case out of California
Here, the juvenile court properly inquired about Shahida’s Indian ancestry at each hearing, and the Department conscientiously interviewed several family members to obtain additional information. During these family interviews, the maternal great uncle informed the Department he had Creek and Seminole ancestry. The maternal grandmother also informed the Department she believed, based at least in part on photographs she no longer possessed, she had Blackfeet ancestry. The court found the Blackfeet claim insufficiently supported and, according to the Department, the Creek and Seminole ancestry too remote.Neither explanation proffered by the court and the Department constitutes an adequate ground for failure to give notice of Kadence’s dependency case to the identified tribes. As to the remoteness of Kadence’s possible connection to the Seminole and Creek tribes, although the suggestion of Creek and Seminole ancestry was based on information about her great-great-great grandparents, nothing was presented to the juvenile court or included in the record on appeal concerning the membership rules for those tribes. It could well be, for example, that membership under tribal rules is passed to successive generations, as a matter of right, through bilineal or double descent without regard to intermarriage or blood quantum and that the absence of formal enrollment does not affect tribal membership. Under those circumstances Kadence could be an Indian child within the meaning of ICWA.(See Santa Clara Pueblo v. Martinez (1978) 436 U.S. 49, 72, fn. 21 [98 S.Ct. 1670, 56 L.Ed.2d 106 [Indian tribe is final arbiter of its membership rights] . . .
Navajo Nation Department of Justice Hiring 2016 Summer Interns
The Navajo Nation Department of Justice Litigation and Employment Unit is looking to hire summer interns for Summer 2016. The Navajo Nation Department of Justice provides legal services to the different governmental entities of the Navajo Nation Government. The Litigation and Employment Unit represents the Nation’s interests in employment and labor cases as well as in other matters in which the interests of the Navajo Nation government are implicated.
Trudeau’s New Cabinet Includes First Indigenous Person as Attorney General of Canada and Justice Minister
Here.
Central to Trudeau’s cabinet is Jody Wilson-Raybould who was sworn-in as Justice Minister and Attorney General of Canada. The former Assembly of First Nations regional chief of British Columbia and Crown prosecutor becomes the first Indigenous person to hold the senior portfolio which plays a role in almost every federal matter.
Also:
Led by Theland Kicknosway, a 13 year-old Pottawatami-Cree youth from Wahpole Island, Prime Minister Justin Trudeau and his new cabinet walked into history Wednesday as they were sworn into office in the ballroom of Rideau Hall.
CLE’s Approved for ILPC/TICA Conference
We were just approved for 7.50 hours of standard and 2.50 of ethic CLEs (Minnesota). This is the first time we’ve been able to offer CLEs as a part of our conference, and many thanks to Sarah Donnelly and all of our speakers for making it happen.
You can still register for the conference here. Additional information here.
Briefing Completed in Nat’l Council for Adoption v. Jewell (Guidelines Litigation) on Motion to Dismiss
Hearing on the matter is set for 11/13. Government’s Reply Brief here.
Even if BAF’s claims were not precluded by the Memorandum Opinion, however, they would fail in their own right. BAF does not have standing, either for itself or to assert the interests of unspecified birth parents, nor has it alleged any basis for this Court to conclude that its claims are ripe. If adoption proceedings are underway, then the Court should abstain from hearing the present suit or dismiss the declaratory relief as contrary to the Anti-Injunction Act. BAF cannot demonstrate that “legal consequences flow” from the Guidelines so as to render them reviewable because it concedes that Defendants do not enforce the Guidelines, and makes no argument that Defendants otherwise treat them as controlling. Nor does BAF cite any binding authority for the propositions that the Guidelines are race-based, that birth parents have a fundamental right to dictate the adoptive placement of their child, that ICWA exceeds the Indian Commerce Clause, or that non-binding Guidelines may commandeer state entities. For these reasons, and because they have not alleged a basis for relief under Bivens, Plaintiffs’ claims fail for lack of subject-matter jurisdiction and as a matter of law and must be dismissed.
Previous filings here. (documents 52, 56, 64, 67)
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