Two Additional Unpublished Notice Cases out of California

Apparently this is the week for notice cases with particular cause for posting.

Here. While the court in this case remands for notice violations in a guardianship case, it sadly does not also hold that Wikipedia is not a solid source for determining whether a tribe is federally recognized or not.

Here. And in this case, the appellate court wrote:

We begin with a concern not addressed by either party. California Rule of Court, rule 5.481(b) mandates that in asection 300 proceeding, the social services agency must send a “Notice of Child Custody Proceeding for Indian Child.” This form is designated ICWA–030. The ICWA–030 form sent by the Bureau here, however, differs from the ICWA–030 form available on the Judicial Council website.7 Significantly, that ICWA–030 form, which consists of 10 pages, requests identifying information on the biological mother (section 5c), the mother’s biological mother (section 5c), and the mother’s biological grandmother (section 5d).8 The ICWA–030 used by the Bureau, which was 12 pages, appears at first glance to be the same, but upon closer examination materially differs. It requests information on the biological mother (section 5c) and the mother’s biological mother (section 5c), but it then skips to the mother’s biological great grandmother and great, great grandmother (section 5d). Nowhere does it contain a section for information on the mother’s biological grandmother.9 By using what may be a faulty ICWA–030, the Bureau completely omitted all information on R.K.’s grandmother—Robin’s great grandmother.10
*6 Additionally, although the ICWA–030 requested information regarding R.K.’s mother, the Bureau omitted all information for her, stating “No information available” for every single category, including her name. This is, quite simply, inexplicable. At the very least, we can only assume that an inquiry of R.K. would have revealed her mother’s name and, quite likely, additional information called for by the notice. But it is also probable that the Bureau could have obtained the information from R.K.’s mother herself. At the outset of the dependency proceeding, R.K. informed the social worker that her mother was involved in her own dependency proceeding. Additionally, R.K.’s mother was present at the June 5, 2013, 12–month review hearing, as evidenced by the reporter’s transcript from the hearing. At one point, the court interrupted the proceeding to ask audience members to identify themselves, and one person responded, “I’m the mother of [R.K.]” Both of these circumstances suggest that R.K.’s mother was accessible had the Bureau made an effort to speak with her. Additionally, the Bureau omitted the current and former addresses and the place and date of birth for R.K.’s great, great grandmother.

Published (!) Notice Case out of Illinois

Here.

A long, complicated, aggravating notice case from the Illinois court of appeals.

Unpublished Notice Case Out of Michigan

Here.

In this case, the Kalamazoo court did not make an inquiry on the record.

Respondent accurately notes that the circuit court failed to make the required inquiry on the record. However, respondent suffered no prejudice as a result. There is no record evidence to support that the child had any Native American heritage.

Unpublished Notice Case Out of California

Here.

In one line, this case summarizes why the Department’s failure to do notice properly harms kids and families:

[Infant]’s adjudication hearing was initially set for October 2013 but was continued approximately five months (due to the Department’s failure to properly serve notice under the ICWA) during which time the infant remained out of mother’s care.

And, for the record, in this case, “mother and maternal relatives had tribal enrollment numbers, and mother claimed father had Cherokee heritage. None of the ICWA notices sent reflected all of this information.”

Unpublished Michigan Ineffective Assistance of Counsel ICWA Case

Here.

Respondent-father appeals as of right from the trial court’s order terminating his parental rights to his child pursuant to MCL 712A.19b(3)(c)(ii) (other conditions exist that cause the
child to come within the court’s jurisdiction), (3)(g) (failure to provideproper care or custody), and (3)(j) (reasonable likelihood of harm). For the reasons set forth in this opinion, we affirm in part but remand this matter to the trial court to consider whether to conduct a Ginther hearing or to resolve the issues set forth herein by making a determination as to whether trial counsel was ineffective such that there exists a reasonable
probability that, but for counsel’s unprofessional errors, the result would have been different.

APTN Report on Number of Native Kids in Care in Canada

The numbers are mind boggling, to say the least. Here.

Over 5,000 Aboriginal children are in care of the province of Alberta. They represent nearly 70 per cent of kids.

The number grows to 5,600 Aboriginal children in Saskatchewan or 83 per cent of all kids in care.

But it’s Manitoba that has the highest numbers.

More than 10,000 Aboriginal children, 87 per cent, are under the care of the province.

NNALSA Request for Information

From NNALSA:

For Immediate Release

November 18, 2014

CONTACT:

Alex Kitson, NNALSA Public Relations Director
nnalsa.publicrelations@gmail.com
Help National NALSA Celebrate Its 45th Anniversary

2015 marks the 45th anniversary of the founding of the National Native American Law Students Association (NNALSA). In recognition of this occasion, NNALSA is seeking information and memorabilia from over the last 45 years.

If you were involved in the founding of NNALSA, we need your help! We want to hear from you and how it all started. To share your story, please email nnalsa.publicrelations@gmail.com. We are also gathering pictures of NNALSA boards and activities throughout the last 45 years. Pictures can also be sent to nnalsa.publicrelations@gmail.com.

 

Unpublished Illinois ICWA Case on Termination Standard

Here. Fairly long case to be unpublished, and odd reading for an ICWA case–separating out the language of “beyond a reasonable doubt” from the additional standard that “continued custody of the child by the parent . . . is likely to result in emotional or physical damage to the child.” Rather, the court held:

 The conduct by both parents shows the absence of concern, interest, and responsibility as to their children under both the clear-and-convincing and reasonable-doubt standards.

Senate Committee on Indian Affairs Hearing Tomorrow on Childhood Trauma in Indian Country

Here.

Nov 19, 2014 at 2:30 P.M. (EST): Oversight Hearing on “Protecting our Children’s Mental Health: Preventing and Addressing Childhood Trauma in Indian Country.”

Date: 11/19/2014 02:30 PM
Location: 628 Senate Dirksen Bldg
Type: Oversight Hearing

Witnesses:

THE HONORABLE ROBERT L. LISTENBEE JR.

DR. YVETTE ROUBIDEAUX
Acting Director-Indian Health Service

MS. KANA ENOMOTO
Principal Deputy Administrator-Substance Abuse and Mental Health Services Administration

Panel 1

MR. RICK VAN DEN POL
Director and Principal Investigator-Institute of Educational Research and Service, The University of Montana National Native Children’s Trauma Center

MS. VERNÉ BOERNER
President/CEO-Alaska Native Health Board

NPR Morning Edition on ACA and Natives

Here, in which Sen. Tester says IHS is worse than VA at this point.

The second round of buying health insurance on the Affordable Care Act exchanges has started. Health officials say Native Americans may have much to gain by buying insurance there.