Category Archives: Author: Kate E. Fort

Intercept Article on ICWA and the Brackeen Case

Here “Babies don’t get born and run down to the citizenship office and file a petition,” said Matthew Fletcher, director of the Indigenous Law and Policy Center at Michigan State University. When his own child was born, he and his … Continue reading

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

No State Sovereign Immunity in Patent Case [Relying on Saint Regis Mohawk Decision]

From the Federal Circuit Court of Appeals: Opinion And, contrary to UMN’s arguments, Saint Regis did not base its reasoning on implied abrogation of tribal sovereign immunity. Instead, Saint Regis concluded that IPR was an agency reconsideration proceeding to which … Continue reading

Posted in Author: Kate E. Fort, sovereign immunity | Tagged , , ,

Indian Law Articles in This Month’s Judicial Notice (New York Court Publication)

Here 4 New York’s Quest for Jurisdiction over Indian Lands by Hon. Carrie Garrow 20 New York State’s Recent Judicial Collaboration with Indigenous Partners: The Story of New York’s Federal-State-Tribal Courts and Indian Nations Justice Forum by Hon. Marcy L. … Continue reading

Posted in Author: Kate E. Fort, bar journal, Research, Scholarship | Tagged , , , ,

AFCARS Comments Due June 18

Here are the previous posts on the Adoption and Foster Care Analysis and Reporting System. These comments are to tell the federal government (AGAIN) to start collecting basic data on state ICWA cases. While we would like the original rule … Continue reading

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

NYT on ICWA and the Brackeen Case

Here

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

Tribal Planning Grants for Direct Title IV-E [Foster Care Funding] Posted

Here Deadline is July 15. These are grants for tribes interested in changing their codes and manuals to access direct federal funding (up to 83%) for the administration and training of their social service agencies, and maintenance payments to foster … Continue reading

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

Transfer to Tribal Court Case from Colorado [ICWA]

Here is a case that continues to demonstrate the importance of ensuring a state ICWA law allows transfer of cases post-termination. Navajo Nation intervened and appealed the decision to deny transfer (and to move the children back to the former, … Continue reading

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

Article on Child Removal Practices in Kentucky

Not sure what’s in the water today, but here. Also, not innovative and I’m going to go with illegal: An investigative report by WDRB in Louisville, Kentucky recently exposed a particularly innovative — although likely illegal — method that the state’s child … Continue reading

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

Termination of Parental Rights Case out of Arizona [ICPC]

This case is not an ICWA case, but for those who work in this area, it is a familiar fact pattern, and one of the rare times the appellate court overturned the TPR based on lack of evidence. In addition, … Continue reading

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

Abigail Echo-Hawk on Decolonizing Data

Here When we think about data, and how it’s been gathered, is that, from marginalized communities, it was never gathered to help or serve us. It was primarily done to show the deficits in our communities, to show where there are gaps. … Continue reading

Posted in Author: Kate E. Fort, Research, Scholarship | Tagged , ,