Author: Kate E. Fort

Bismarck Tribune Article on Lack of Written Easement From Corps for Dakota Access Pipeline

Kate Fort1 Comment

Here.

While hundreds are settling in for the long haul at an encampment to protest the Dakota Access Pipeline, the U.S. Army Corps of Engineers confirmed Thursday that the pipeline developer, Energy Transfer Partners, does not yet have a written easement to build the pipeline on corps property.

Corps spokesman Larry Janis said the easement is still under review, though the agency did issue Section 408 permission in late July that allows the easement to be written.

“They can’t build the project by accessing corps property from west to east across Lake Oahe,” Janis said of any current construction.

***

The realization that the company still does not have an actual easement surfaced Wednesday in a federal district court in Washington, D.C., where the Sioux tribe’s request for an injunction to stop the pipeline pending its suit against the corps was heard. The court judge said he wants more time to study whether the corps failed to follow the National Historic Preservation Act and other federal laws in its environmental review of the project. The judge said he will rule on the injunction Sept. 9.

Documents in the hearing discussed in the article are here.

 

Center for Indian Country Development: Early Childhood Development Programs in Indian Country

Kate Fort

Here.

Please join the Center for Indian Country Development (CICD) on October 5 and 6, for rich discussions highlighting scientific research and successful early child development programs in Indian country. We also will share strategies to elevate early childhood development as a policy priority in Indian country and sustain funding.

To broaden perspectives and promote collaboration, the CICD encourages attendance of small teams from American Indian and Alaska Native communities consisting of leaders of early childhood development programs and tribal government representatives, tribal leaders, or elders. Also attending will be non-profit organizations and government agencies that manage funding and technical assistance for early childhood development initiatives in Indian country.

Speakers and panelists include:

  • Brooke Ammann, Waadookodaading Ojibwe Language Immersion School
  • Kathleen Annette, Blandin Foundation
  • Josie Chase, Oglala Lakota College
  • Terry Cross, National Indian Child Welfare Association
  • Jackie Dionne, Minnesota Department of Health
  • Barb Fabre, White Earth Band of Chippewa
  • Anita Fineday, Casey Family Programs – Indian Child Welfare Program
  • Michael Goze, American Indian Community Development Corporation
  • Megan Gunnar, University of Minnesota
  • Matthew Rama, Thunder Valley CDC – Lakota Immersion Childcare
  • Art Rolnick, University of Minnesota
  • Betty Jane Schaaf, Wicoie Nandagikendan Early Childhood Urban Immersion Program
  • Linda Smith, U.S. Department of Health and Human Services
  • Anton Treuer, Bemidji State University
  • Lori Watso, Shakopee Mdewakanton Sioux Community
  • Tarajean Yazzie-Mintz, American Indian College Fund
  • Maria Yellow Horse Brave Heart, University of New Mexico (invited)

In addition, the conference includes sessions to facilitate networking and idea sharing through roundtable discussions.

There is no charge for this “invitation only” event; conference registration is required. Please register early as space is limited.

Registration is Now OPEN for ILPC/TICA Conference!!

Kate Fort

Registration is here.

Registration includes continental breakfast and lunch both days, along with the reception on Thursday night at the East Lansing Marriott. We’ve also applied for 10.75 CLEs from the Minnesota State Bar Association, and will provide forms for those seeking credits in other states.

The tentative agenda is here.

If you, your firm, or organization would like to be a conference sponsor, please see the form here for more information, and our deepest thanks for making the conference possible.

Series of Articles on ICWA in the Minnesota Star Tribune

Kate Fort

Part I here.

Part II here.

Charts on the foster care disparities in Minnesota here.

Small piece on Minnesota Indian Women’s Resource Center here.

Tribal Children and Families Program Specialist Job Openings

Kate Fort

Here.

Duties

  • Providing the entire range of services and technical assistance to Tribes and Tribal organizations regarding child welfare grant programs that include but are not limited to titles IV-B and IV-E of the Social Security Act and the Child Abuse Prevention and Treatment Act.
  • Providing advice and consultation to Tribal staff in the development of Tribal plans based on new legislation or Federal policy assuring that the Tribe understands the intent of the Congress, interprets the directives correctly, and covers all pertinent points in its plan.
  • Identifying deficiencies in Tribal program operations using audit, program/financial review, and quality control findings.
  • Negotiating with Tribal agency staff for mutually acceptable changes.
  • Analyzing Tribal grant award requests and expenditure estimates.

Published Decision out of the California Court of Appeals (ICWA Inquiry)

Kate Fort

Here

The father ultimately dropped his appeal of the ICWA inquiry, but the court’s comment is worth noting:

To be sure, the juvenile court’s analysis whether the evidence is sufficient to trigger ICWA’s notice requirements for Andrew and Kailey will be enhanced if additional information concerning Jonathan’s Indian ancestry is presented to the court. But the burden of developing that information is not properly placed on Jonathan alone. Section 224.3, subdivision (a), imposes on child protection agencies, as well as the juvenile court, the affirmative and continuing duty to inquire whether a dependent child is or may be an Indian child. (See In re Kadence P., supra, 241 Cal.App.4th at p. 1386; In re H.B. (2008) 161 Cal.App.4th 115, 121; see also Cal. Rules of Court, rule 5.481(a).) As soon as practicable, the social worker is required to interview the child’s parents, extended family members, the Indian custodian, if any, and any other person who can reasonably be expected to have information concerning the child’s membership status or eligibility. (§ 224.3, subd. (c); In re Shane G. (2008) 166 Cal.App.4th 1532, 1539; Cal. Rules of Court, rule 5.481(a)(4).) From the record presented to us, it appears the Department and the juvenile court failed to satisfy that duty; neither the court nor the Department made any effort to develop additional information that might substantiate Jonathan’s belief he may have Indian ancestry by contacting his siblings or other extended family members. Both federal and state law require more than has been done to date. On remand, an adequate investigation by the Department with a full report to the court must be promptly completed.

Article on California’s Report on ICWA (non) Compliance

Kate Fort

Report: Compliance with Indian Child Welfare Act Spotty

The report found that state and local agencies still struggle with the law, according to Kimberly Cluff, a task force member and staff member of the Morongo Band of Mission Indians. She said the tribes feel like they’re at “ground zero.”

“The law provides the tribes and, more importantly, tribal children with a bunch of rights, but if the tribe doesn’t know the child is in foster care, or if nobody asks the question of family tribal status, then all those protections are lost,” Cluff said. “If we don’t know that child is an Indian, we can’t protect them as an Indian and it’s just somewhat shocking that 40 years after the passing of this law, we’re still talking about basic implementation.”

A copy of the Report is here.

VAWA Trial Advocacy Training at Eastern Band, Aug. 24-26

Kate Fort

Agenda and registration here.