Category Archives: Author: Kate E. Fort

Adoption and Foster Care Analysis and Reporting System (AFCARS) Notice of Proposed Rule Making. Again.

Here. We cannot currently track on a national level in any way how ICWA works, where children who are involved in ICWA cases are placed, what their outcomes are, or how many cases are transferred to tribal court, as examples. … Continue reading

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Cert Stage Briefing Completed on Carter v. Sweeney (frmly A.D. v. Washburn)[ICWA]

This is otherwise known as the Goldwater litigation, the second federal case filed back in 2015 in Arizona. Documents are here

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Arizona Court of Appeals Requires Qualified Expert Witness in Guardianships [ICWA]

Here Although ICWA does not explicitly recognize “permanent guardianships,” a comparison of Arizona’s statute for permanent guardianship and ICWA’s definition for a “foster care placement” shows that ICWA applies in permanent guardianships. *** Section 1912(e)’s plain language states that no … Continue reading

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Column on Wayne County and ICWA in Chronicle for Social Change

Here Some notes. It’s a federal requirement to inquire about a child’s tribal citizenship regardless of state law. There are eight states with comprehensive state ICWA laws (the article is missing California and Wisconsin), and that doesn’t count states that … Continue reading

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Transfer to Tribal Court [ICWA] Decision out of New York

Opinion here The child’s attorney opposed the transfer, and the appellate court supported the decision of the Family Court to transfer to the tribe.

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Qualified Expert Witness Case from Alaska [ICWA]

Eva H. v. State of Alaska This is a case worth reading in its entirety for the discussion of the qualifications of the QEW but also the discussion of the testimony supporting the casual connection between the parents’ behavior and … Continue reading

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ICWA Op-Ed in the WaPo and Editorial in the Austin American Statesman

Wapo: Native children benefit from knowing their heritage. Why attack a system that helps them? Austin American Statesman: Paxton should stop playing politics with adoptive families

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Alaska Supreme Court on Active Efforts [ICWA]

Here. I very nearly made an inadvertent broken record pun here, but seriously, I do talk about making a clean record a lot. OCS didn’t even manage to document state law requirements in this case. And in the continuing theme … Continue reading

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Montana Supreme Court on Reason to Know [ICWA]

Here. And a long excerpt: Contrary to the Department’s assertion and the apparent corresponding view of the District Court, the “reason to know” standard does not necessarily require an evidentiary showing, and certainly not by the parents, that a child … Continue reading

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Briefing Completed in Brackeen v. Bernhardt (frmly Zinke) in the Fifth Circuit [ICWA Case]

Oral arguments are March 13. Principal Briefs on the Tribal Defendant/Intervenor and Federal Side (Pro-ICWA) Appellant Tribes Brief Appellant Federal Parties Navajo Nation Motion to Intervene and Proposed Brief Amicus Briefs, Pro-ICWA Congressional Amicus Brief Constitutional Law Profs Brief Casey … Continue reading

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