Author: Kate Fort

Unpublished ICWA Related Opinion out of California

Kate Fort

Here.

There’s a fair amount going on in the description of this case (active efforts, involvement of the tribe, CA statutory tribal adoption), but we were interested in this near the end of the opinion:

Mother relies on the tribal representative’s response to the termination of reunification services. In an October 23, 2014, e-mail correspondence, the tribal representative wrote, “[W]e … believe that it was a HUGE disservice to the family to discontinue active efforts. Here in the State of Alaska, the department must provide active efforts right up until the day of reunification, guardianship is finalized or termination of parental rights.”
The tribal representative’s concern appears to have been the California practice of discontinuing reunification services at the review hearing held several months prior to the selection and implementation hearing. Whether a “disservice” or not, the juvenile court terminated services at the point contemplated by our dependency scheme.

ICWA Notice Case out of Washington Court of Appeals

Kate Fort

Here.

The Blackfoot/Blackfeet notice issue comes up pretty regularly. Depending on what court the parent is in, the Department may or may not be ordered to notice Blackfeet even if a parent says Blackfoot. In this case, the Washington Court of Appeals said the was no need to notice Blackfeet when dad said Blackfoot and Cree. According to the opinion, notice went out to “several Cherokee, Cree, and Hopi Indian tribes.”

Additional Comments on Proposed ICWA Regulations

Kate Fort

More than 1,000 additional comments were posted this week to regulations.gov on the proposed ICWA regulations, bringing the total number of comments to 1,869. We have updated the tribal nations comments page here, and the organizations page here.

Here are a few additional individual comments we noted as we scrolled through them:

361_-_Erdrich,_Karen_Louise
942_-_Jones,_Laura
919_-_Spotted_Elk,_Sheldon
2097_-_Blanchard,_Evelyn
298_Hirsch_Bertram
1525_-_Houska,_Tara
886_-_Lidot,_Tom
1280_-_Drobnick,_Heidi_A
Sweet_Victoria

Canadian Truth and Reconciliation Commission Report

Kate Fort1 Comment

Recently released, here is the executive summary on residential schools, the survivors’ stories, and the call to action from the Truth and Reconciliation Commission of Canada. There has also been extensive news coverage in Canada surrounding the release of the report.

Executive Summary (pdf, 388 pages)

The Survivors Speak (pdf, 260 pages)

Calls to Action (pdf, 20 pages)

Thanks to Treena for sending them our way.

Placement Preference Case out of Nebraska Court of Appeals

Kate Fort

Here.

In conclusion, we find that good cause exists for a deviation from statutory placement preferences under the ICWA and that the trial court did not err by denying the Tribe’s motion to change placement. Further, the record supports a showing by a preponderance of the evidence that active efforts were made by DHHS to prevent the breakup of the Native American family. Therefore, we affirm the order of the trial court.

The Court cited to the ’79 Guidelines and state law to find ICWA’s placement preferences do not require “strict placement,” but are a “statutory preference” to be allowed “absent good cause to the contrary.”

Michigan Supreme Court Denies Review in ICWA Transfer Case

Kate Fort

Order here.

Original decision from court of appeals transferring the case to tribal court is here.

Turtle Talk T-Shirts Available

Kate Fort4 Comments

We just received an order for a Turtle Talk t-shirt–we have the following left:

7 short sleeve small

8 short sleeve large

10 long sleeve large

1 short sleeve XL

9 long sleeve XL

They are all white with the TT suns. And no, I’m very sorry, we don’t have anything larger than XL at this point. We need to move these before we can order anymore.

  
The order form is here. If you mail it to us with a check, we’ll send you back a shirt. Plus you get the added benefit of knowing you are helping me clean out my office to make room for more books.

RFP for Legal Services for Quileute Housing Authority

Kate Fort

Here. Deadline is June 30.

Job Opening at National American Indian Court Judges Association

Kate Fort

Here. Deadline to apply is June 22.

The Program Coordinator is a temporary, full-time position. Responsibilities will include duties related to a range of current NAICJA programs and projects.

American Indian Law Journal Spring 2015

Kate Fort

Here.

It includes an article from MSU College of Law (very recent) alum, Brian Zark, who wrote it as a capstone paper for his IP program work. Congratulations!

All of our student and alum publications are available here.