Author: Kate Fort

Law School Clinical Assistance Webinar on VAWA Enhanced Jurisdiction

Kate Fort

Here.

This webinar will focus on ways for law school clinics to provide assistance to tribes seeking to exercise the Violence Against Women Act (VAWA) 2013 enhanced jurisdiction. Indian tribes now have the general authority to implement criminal jurisdiction over non-Indians who violate protective orders or commit domestic violence or dating violence against Indian victims on tribal lands. Tribes wishing to exercise this Special Domestic Violence Criminal Jurisdiction over non-Indians (SDVCJ) must provide certain rights to criminal defendants and meet certain legal requirements.

Article on Enbridge Pipelines and Lawsuit Against Judge Botsford in North Dakota

Kate Fort2 Comments

Here.

[James] Botsford, a North Dakota farm owner, learned that in September 2013, when Enbridge informed him that the company was seeking a temporary restraining order against him. Botsford, who is also an attorney and a Supreme Court judge for the Winnebago Tribe of Nebraska, had tried to prevent Enbridge from surveying his land for the Sandpiper’s possible route. Botsford, who strongly opposes the pipeline’s construction, believed that the survey would be “the camel’s nose under the tent.” He attempted to refuse the company access to his farm.

“To that, they basically said, ‘We’re Enbridge, we don’t go around anything, we go through it,’ ” says Botsford.

Enbridge got its restraining order, forcing Botsford to allow the company to complete the survey. The pipeline’s route, Botsford believes, was “basically already a done deal,” and he soon heard from the company again. This time, Enbridge wanted Botsford to grant him an  easement—a legal right to use another’s property for a specific purpose, in this case the construction and maintenance of a pipeline. After Botsford refused, twice, to sign an easement agreement, the company filed a civil suit against him in June.

Gofundme link to the Botsford defense here.

Sac & Fox 14th Annual Native Nations Law Symposium

Kate Fort3 Comments

Here.

The Sac and Fox Nation of Missouri in Kansas and Nebraska is proud to present the 14th annual Native Nations Law Symposium. The Symposium seeks to promote relations and education of important legal topics among all legal professionals both Tribal and State. Please see attached document for a copy of the tentative schedule (speakers may be subject to change).

Assistant Prosecutor Position at Ak-Chin Indian Community

Kate Fort

Assistant Prosecutor

Unpublished California ICWA Notice Case and the Passive Voice

Kate Fort

Opinion here. Court reversed termination and remanded for notice to Navajo Nation.

Classic example of the passive voice here:

The responsibility for compliance with ICWA falls squarely and affirmatively on the court and the Department. (Welf. & Inst.Code, § 224.3, subd. (a); In re Antoinette S. (2002) 104 Cal.App.4th 1401, 1409.)3 Both Robert and the paternal grandmother stated that there was native American heritage in the family. As early as the detention hearing, the juvenile court ordered the Department to make the necessary inquiries and send the required notices. Thereafter, as everyone acknowledges, the ball was dropped.

Unpublished California Notice Case Cites 2015 BIA Guidelines

Kate Fort3 Comments

Court reversed and remanded for ICWA notice compliance. Opinion here.

The recently updated “Guidelines for State Courts and Agencies in Indian Child Custody Proceedings” (Guidelines) provide that tribes have the sole jurisdiction and authority to determine whether a child is eligible for membership. (Guidelines, 80 Fed. Reg. 10146-02 (Feb. 25, 2015), § B.3(b) & (c), p. 10153.) Tribes that are not notified of dependency proceedings cannot assert their rights under ICWA. (In re Marinna J. (2001) 90 Cal.App.4th 731, 739.) “Under these circumstances, it would be contrary to the terms of the Act to conclude . . . that parental inaction could excuse the failure of the juvenile court to ensure that notice under the Act was provided to the Indian tribe named in the proceeding.” (Ibid.) Thus, parents in a dependency proceeding are permitted to raise ICWA notice issues on appeal even where no mention was made of the issue in the juvenile court. (In re Alice M. (2008) 161 Cal.App.4th 1189, 1195.) Accordingly, we reject the Agency’s assertion that Mother forfeited any ICWA issue when she failed to object to the juvenile court’s ICWA finding.

Executive Office of the President, OMB Highlights Native Youth Priorities for FY 2017 Budget

Kate Fort

Document here.

Support the Implementation ofthe Indian Child Welfare Act (ICWA). The Indian Child Welfare Act (ICWA) is a federal law that seeks to keep American Indian children with American Indian families. Congress passed ICW A in 1978 in response to the alarmingly high number of Indian children being removed from their homes by both public and private agencies. The intent of Congress under ICWA was to “protect the best interests of Indian children and to promote the stability and security of lndian tribes and families” (25 U.S.C. § 1902). The implementation of ICW A requires support for tribal and state courts, social workers and foster care. ICWA also calls for services that keep families together. These could be family assistance services, home improvement programs, alternatives to incarceration and employment support services. Agencies should focus on programs that support the capacity building and programmatic support necessary to implement ICWA.

Via GJ.

Associate General Counsel Position at Pechanga Band

Kate Fort

Posting here.

The Associate General Counsel will work in the Office of the General Counsel under the direct supervision of the General Counsel for the Pechanga Band of Luiseno Indians. The Associate General Counsel will work with the General Counsel and Deputy General Counsel to provide legal services, representation and advice on legal issues confronting the Tribal Government, its entities and enterprises; provide guidance and assistance to Tribal Government departments; and provide limited service to tribal members in matters relating to tribal status.

Unreported ICWA Placement Preference Case out of California

Kate Fort

Here.

Very difficult case with extensive testimony. Child was ultimately placed with distant cousins instead of grandparents with a history with the department. The court found good cause to deviate from the tribe’s preferences of matrilineal relatives.

Because there is so much testimony in this opinion, it gives a window into the way the lower courts are making these decisions, and how the court understands how children connect to their tribal communities:

[Foster parent] already encouraged [three year old child] to look at Chickasaw language flashcards and language applications, to make beaded necklaces, and to hunt, fish, and pick berries.

The Department’s report recommending good cause to deviate from placement preferences included this very frustrating statement:

It is unfortunate that that [sic] tribe is so distant and has not had the opportunity to meet Autumn and the people she considers to be parents. If they had, they may decide that it is in actuality in their tribe’s best interest to avoid placement disruption and the possibility of creating an attachment disorder in this young child who currently has such a bright future.

2016 Law Clerk Positions at Fredericks Peebles

Kate Fort

2016 Summer Law Clerk Ad

FPM is seeking applications from second year law students for 2016 Summer Law Clerks for its offices in Louisville, Colorado; Omaha, Nebraska; Rapid City, South Dakota; and Sacramento, California. Applicants must be enrolled in an ABA accredited law school. Experience or coursework in tribal and Federal Indian Law required. Applicants must also possess excellent analytical, research and communication skills, and the ability to work well independently and as a team in a fast-paced environment. FPM offers a competitive hourly wage for a 10 – 12-week summer position.