Author: Kate Fort

Report on Spending on Child Welfare

Kate Fort

PDF here.

The survey of 49 states, the District of Columbia, and Puerto Rico found that child welfare agency expenditures from federal, state, and local sources decreased by eight percent between state fiscal years 2010 and 2012—representing the first decrease in spending that has been found since the survey began in 1996. In addition, federal spending on child welfare declined, and was found to be at its lowest level since the state fiscal year 1998 survey.

Information on Title IV-E spending and tribes on pages 31-32.

via NICWA.

Unpublished ICWA Burden of Proof Case out of Michigan

Kate Fort1 Comment

Here.

The record demonstrates that although the trial court found that DP and AP were Indian children under the ICWA, the trial court did not apply the heightened “beyond a reasonable doubt” evidentiary standard of proof at the termination hearing as required under ICWA. Id.; 25 USC 1912(f). The record further demonstrates that although a representative of DP and AP’s Indian tribe testified at the termination hearing, the witness was never qualified as an expert and, importantly, the witness did not testify that respondents’ “continued custody of” DP and AP was “likely to result in serious emotional or physical damage to the” Indian children. 25 USC 1912(f); In re Morris, 491 Mich at 100 n 9. In both Docket No. 318105 and 318163, petitioner concedes that the trial court “committed reversible error” by applying the incorrect evidentiary standard of proof, and petitioner requests that we reverse the trial court’s termination of respondents’ respective parental rights to the Indian children and remand for further proceedings consistent with applicable ICWA provision. On the record before us, we agree that the trial court committed plain error affecting respondents’ substantial rights. In re Utrera, 281 Mich App at 8- 9; see In re Morris, 491 Mich at 100 n 9. In both Docket No. 318105 and 318163, we reverse the termination of respondents’ respective parental rights to the two Indian children, DP and AP, and remand for proceedings in compliance with ICWA, 25 USC 1912(f).

Yvonne Keshick Awarded NEA National Heritage Fellowship for Quillwork

Kate Fort

Here.

A basket maker and porcupine quillwork, Yvonne Walker Keshick creates birchbark masterpieces realistically decorated with quills that depict natural images as well as cultural symbols of the Odawa tribe. Also a devoted teacher, she has developed resources and provided instruction to ensure this art form is passed down to others as it was to her.

Keshick was born in 1946 and is descended from a long line of Odawa/Ojibwa quillworkers. Keshick’s aunt, Anna Odei’min, was reputedly on the of the finest quillworkers at the turn of the 19th century. In 1969, Keshick began learning the art from teacher and artist, Susan Kiogima Shagonaby.

Keshick quickly mastered both the traditional cultural designs as well as the basic wildlife and floral designs for which her family was known and which are passed down from generation to generation. She then excelled in creating even more complex and realistic designs of flora and fauna as well as depictions of cultural symbols and stories. Her work is known for its technical craftsmanship—the quality of material used, the uniformity of sewing, and the accuracy of the forms and fits of boxes and covers. Keshick avoids using dyed quills in her work and instead creates shadowing affects using the natural colors of the quills. Keshick is also knowledgeable in the stories and traditions associated with quillwork and her culture, which she shares with her community and family.

Keshick has said, “I believe it is truly our responsibility to teach others all of the best things of our culture” and in that vein has passed along the tradition to her sons and daughter. She participated in Michigan Traditional Arts Apprenticeship Program and has also written a manuscript that coves instructions on making quillwork and information on the cultural meanings related to quillwork.

Keskick played an active role in the successful efforts of her tribe’s federal recognition in the 1980s. In 1992, Michigan State University Museum honored her with a Michigan Heritage Award for her “mastery of her tradition, attention to authenticity, and commitment to sharing her cultural knowledge within her community.” Keshick’s quillwork is included in numerous museum collections, including the National Museum of the American Indian. She was a featured participant in the 2006 Smithsonian Folklife Festival’s Carriers of Culture Native Weaving Traditions program.

Associate Attorney Postition at Fredericks Peebles & Morgan

Kate Fort

OMAHA LITIGATION ASSOCIATE ATTORNEY

MSU Law Job Posting: Assistant/Associate Director for Student Engagement

Kate Fort

Here.

Duties and Responsibilities

The Assistant/Associate Director for Student Engagement works closely with the Associate Dean for Student Engagement to achieve the objectives of the office that include advising students on a variety of matters, including college policies and procedures, services relating to professional counseling, academic support and special accommodations, and character & fitness; investigating code of student discipline issues, etc.; career advising; managing effective communication with current students about events, deadlines, opportunities; loose oversight of student organizations, advising the Student Bar Association; and planning and implementation of Immersion Week for incoming students, and Commencement.
Qualifications

The ideal candidate should have student affairs experience in academic advising, student counseling, and working with student organizations; planning events and activities; be able to work collaboratively with students, faculty, and administration; possess excellent interpersonal skills, empathetic listener and a sensitive, clear, and firm communicator; ability to multi-task; technologically savvy; a strong aptitude in Microsoft Office applications; and the ability to create systems and databases, particularly in Excel and Access.
A J.D. degree is required.

Published Definition of Indian Child Case out of California

Kate Fort

Here.

Disproportionate Numbers of Native Kids in Care in Canada

Kate Fort

Article here.

Notice Violation Case out of Illinois

Kate Fort3 Comments

That’s right–out of Illinois. According to Westlaw (ICWA & “Indian Child Welfare Act”), there are a grand total of 11 ICWA cases from the Illinois appellate courts.

Here is the most recent. The appeals court reversed and remanded due to ICWA notice violations (for one child–the other was not the biological child of the father):

At the dispositional hearing on April 26, 2011, the trial court found Dwight to be unfit and awarded guardianship of N.L. to DCFS. Among the reports submitted for the court’s consideration was a social history report, dated March 23, 2011, indicating that Dwight is a registered member of the Minnesota Chippewa Tribe, White Earth Reservation (the Tribe).

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The trial court questioned the State about the children’s eligibility for tribal registry and was advised that the State had already received notices that both minors were ineligible for registry with the Tribe. The State was ordered to provide documentation of its compliance with the statute at the status hearing on December 18. No documents addressing the issue of tribal registry for the minors were submitted at that or any subsequent proceeding until the hearing on the State’s motion to supplement the record during the pendency of this appeal.

***

The State’s Tribe letters suggest that the Tribe was provided with the minors’ names and dates of birth and imply that Dwight’s name was provided with reference to N.L. The State’s Tribe letter for N.L is dated September 16, 2011, and that for M.L. is dated February 25, 2013. In its order granting the State’s motion to supplement the record, the court expressed concern with Dwight’s solicitation of new evidence while the case was on appeal. However, many of the documents the State was allowed to include with its supplementation were dated after the termination hearing and after Dwight’s notice of appeal.
Dwight filed a motion with this court to supplement the record with his own Tribe letter– from the same person who had signed the State’s letters– showing that N.L. and M.L. were eligible for tribal membership. He acquired this letter as a result of his solicitation for evidence related to the appeal. This court allowed Dwight to submit his Tribe letter with his case pending our decision of the propriety of its inclusion in the record. Dwight’s Tribe letter states that the minors are eligible for tribal membership and suggests that the Tribe was provided with the dates of birth for both minors, the correct spelling of N.L.’s name, and the names and dates of birth for both Dwight and Emily.

For reference, here’s the list of the Illinois appellate ICWA cases:

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New Scholarship from Circe Strum on the Cherokee Freedmen

Kate Fort

Here.

Abstract:

Despite a treaty in 1866 between the Cherokee Nation and the federal government granting them full tribal citizenship, Cherokee Freedmen—the descendants of African American slaves to the Cherokee, as well as of children born from unions between African Americans and Cherokee tribal members—continue to be one of the most marginalized communities within Indian Country. Any time Freedmen have sought the full rights and benefits given other Cherokee citizens, they have encountered intense opposition, including a 2007 vote that effectively ousted them from the tribe. The debates surrounding this recent decision provide an excellent case study for exploring the intersections of race and sovereignty. In this article, I use the most recent Cherokee Freedmen controversy to examine how racial discourse both empowers and diminishes tribal sovereignty, and what happens in settler-colonial contexts when the exercise of tribal rights comes into conflict with civil rights. I also explore how settler colonialism as an analytic can obscure the racialized power dynamics that undermine Freedmen claims to an indigenous identity and tribal citizenship.