Category Archives: Author: Kate E. Fort

Freep Article on Back 40 Mine

As a side note, the Indian Law Clinic got to work on parts of this issue a few years back, and this article nicely encapsulates how complicated it is, and how dangerous the mine is. Here. The Michigan-based permitting process … Continue reading

Posted in Author: Kate E. Fort, Environmental | Tagged , , , ,

Qualified Expert Witness Case out of Utah Court of Appeals [ICWA]

Here. In this case, the GAL petitioned to remove the child from the mother’s care. This GAL has considerable issues with the application of ICWA: The GAL argued that since ICWA does not explicitly define what qualifies a witness as … Continue reading

Posted in Author: Kate E. Fort, Child Welfare, ICWA | Tagged , , , , ,

Published Notice Case from California Court of Appeals [ICWA]

Here One might think, given that as of the end of July, California had more than 70 ICWA notice violation cases and in 41 one of them (fifty six percent of the time) the appellate court sent it back down … Continue reading

Posted in Author: Kate E. Fort, Child Welfare, ICWA | Tagged , , ,

Job Announcements Announcement

Good afternoon! We are very pleased that so many people have found our Friday legal job announcements to be useful. We are always happy to hear from people who have found jobs from the postings. Just as a gentle reminder, … Continue reading

Posted in Announcements, Author: Kate E. Fort | Tagged

ICWA Jurisdiction Case Out of North Carolina Court of Appeals

Here. There is a lot going on here, including problematic reasoning over full faith and credit to a tribal court order, but I think it is worth focusing on “ward of the tribal court” language. In 25 USC 1911(a), tribes … Continue reading

Posted in Author: Kate E. Fort, Child Welfare, ICWA | Tagged , , , ,

Tribal Courts and Child Welfare Podcast Series from ACF

Here. Tribal Courts and Child Welfare Series Adapting to Child Welfare Cases Revising Your Children’s Code Partnering with Tribal Social Services Building Relationships With State Counterparts Overcoming Challenges to Working With States Being Family Centered

Posted in Author: Kate E. Fort, Child Welfare, Tribal Codes, tribal courts | Tagged , , , ,

Eighth Circuit Decision Upholding Tribal Jurisdiction in Watso v. Piper [ICWA, PL 280]]

Decision here. This settles a long running string of cases out of the Minnesota federal courts in which the non-Indian parents of tribal member children argued there was no tribal jurisdiction over their children when they lived on the tribal … Continue reading

Posted in Author: Kate E. Fort, Child Welfare, tribal courts | Tagged , , , , , , , , ,

Wisconsin Speakers Taskforce on Adoption Looking at Speeding up Adoptions

Press releases: Speakers Taskforce on Adoption Membership 052919 Speakers Taskforce on Adoption 051419 Any tribal member and/or tribe can give testimony on this issue here: Thursday, July 25, 2019 Unity School District Performing Arts Center 1908 150th St. Balsam Lake, … Continue reading

Posted in Author: Kate E. Fort, Child Welfare, ICWA | Tagged , , , ,

New Mexico Notice and Time Frame Case from Court of Appeals [ICWA]

Children, Youth & Families Department v. Tanisha G. and Isaac G. This is an interesting and remarkable case, and a way to deal with continued notice violations and delay by an agency. Here are the highlights of this disturbing case … Continue reading

Posted in Author: Kate E. Fort, Child Welfare, ICWA | Tagged , , , , ,

Qualified Expert Witness Case out of Alaska Supreme Court [ICWA]

Here I have been trying to figure out how to comment on this particular opinion, though I may just default to Alaska’s QEW holdings have always been outliers . . . So as a reminder for us all, this is … Continue reading

Posted in Author: Kate E. Fort, Child Welfare, ICWA | Tagged , , , ,