Category Archives: Author: Kate E. Fort

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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Comments Needed for Kansas ICWA Pro Hac Vice Rule Exception

The Kansas Supreme Court is seeking comments on an amendment for to the pro hac vice rule to exempt out of state ICWA attorneys from fees and associating with local counsel. Deadline for comments is March 15, 2019. Rule is … Continue reading

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Wisconsin Passes a Pro Hac Vice Rule Exception for ICWA Attorneys

Order is here. This is a great victory by the tribal attorneys who worked on this issue for the past number of years. All of the ICWA pro hac vice rules are here.

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Reason to Know [ICWA] Out of the Ohio Court of Appeals

2019-ohio-178 In most states, this would most certainly be reason to know, and the agency would be required to do additional inquiry and notify a tribe. When we talk about inconsistent application of the law, this is definitely one of … Continue reading

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Published Permanency/Guardianship [ICWA] Case out of Nebraska Court of Appeals

In re Mercedes L. et al This is a very long decision, but the court’s discussion of appealability of the order is an interesting one.

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Media Statements and News Articles on Fifth Circuit ICWA Case

Quote from Intervening Tribes Statement: We applaud the broad coalition of federal lawmakers, attorneys general from 21 states, and 30 child welfare organizations who have joined 325 Tribal governments and 57 Tribal organizations in filing numerous amicus briefs with the … Continue reading

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Koi Nation v. U.S. Dept. of Interior [Restored Lands Exception]

Complaint Answer Brief on Motion for Summary Judgment Response to Motion for SJ Reply Memorandum Opinion

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Unpublished Nebraska Court of Appeals Case on Active Efforts (ICWA).

Here. We rarely post unpublished ICWA cases because otherwise that’s all we would do. However, in this case involving an analysis of active efforts, the court found that: Efforts made in this case included facilitating supervised visits, providing family support … Continue reading

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Article Out of Colorado on Keeping Kids in Foster Care in the Same School

While this article doesn’t talk about Native children populations, this is an aspect of foster care I always teach, and often law students find it surprising that children are moved out of their school district (and related sports teams, academic … Continue reading

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2018 ICWA by the Numbers

Here’s our annual contribution to the ICWA data discussion. I’m nearing to the final set of 2018 ICWA cases. A note on the data–these are cases that are on Westlaw and/or Lexis Nexis, and ICWA (or state equivalent) was litigated. I collect … Continue reading

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