ICWA Burden of Proof Case Out of Texas

Here. The case cites to the In re K.S. case here.

The court found a way to splice the burden of proof issue, finding that the beyond a reasonable doubt standard only applies to the finding that continued custody of the child by the parent is likely to result in serious emotional or physical damage to the child, not to the termination of parental rights.

 

 

Unpublished Michigan ICWA Notice Case

Here. From Kalamazoo County.

Of note: There are six tribes in Michigan alone that should be noticed if a parent family in a “Chippewa tribe,” and DHHS noticed one of them. MIFPA requires the notice of the tribe in the county where the case arises, though the Pokagon Band service area does not include Kzoo county, while the other two (unnoticed) Potawatomi tribes do cover the county. Finally, it’s not clear from the opinion why Cherokee was noticed at all.

There is no question that the ICWA and MIFPA notice requirements were triggered early in these proceedings when father indicated at an April 2013 preliminary hearing that he might have some family membership—specifically, through his brother—in the “Chippewa tribe.” There is some indication in the record that respondent-mother also claimed potential Indian heritage, although it is unclear what tribes, if any, she identified. Because “sufficiently reliable information” of possible Indian heritage was provided, the trial court had “reason to know” that an Indian child could be involved, thus triggering the ICWA and MIFPA notice requirements. 25 USC 1912(a); MCL 712B.9(1); In re Morris, 491 Mich at 109.

The record indicates that DHS sent notifications to several different tribes, including the Eastern Band of Cherokee Indians, the United Keetoowah Band of Cherokee, the Cherokee Nation, the Sault Ste. Marie Tribe of Chippewa Indians, and the Pokagon Band of Potawatomi Indians. DHS also sent a notification to the Midwest Bureau of Indian Affairs. On June 18, 2013, both the Eastern Band of Cherokee Indians and the Sault Ste. Marie Tribe of Chippewa Indians responded and indicated that the child was not eligible for membership. The Cherokee Nation also responded with a request for more family information, although there is no indication that further information was thereafter provided. There is also no indication that the remaining tribes or the Bureau of Indian Affairs responded. Based on the responses that had been received, the trial court indicated at a November 2013 review hearing that the ICWA/MIFPA inquiry was “at an end.”

We conclude that the record sufficiently evidences DHS’s compliance with the ICWA and MIFPA notice requirements. DHS sent notifications to several tribes, as well as the Bureau of Indian Affairs. On appeal, father does not identify any other tribes that should have been notified. Moreover, while father takes issue with the fact that DHS apparently never provided further information to the Cherokee Nation, he does not identify what further information could have been provided, nor does he argue that he provided the information requested to DHS but that DHS failed to forward it to the Cherokee Nation. Moreover, we note that DHS does not have an affirmative responsibility “to conduct independent research to obtain a parent’s detailed genealogical information.” In re Morris (On Remand), 300 Mich App 95, 105; 832 NW2d 419 (2013). Finally, despite father’s argument to the contrary, the trial court did in fact make a conclusive determination that the child was not an Indian child by noting that the issue was “at an end” and by leaving unchecked, in its subsequent orders, the box indicating that the proceedings involved an Indian child. There was no plain error affecting substantial rights.

Here is DHHS’s map of tribal service areas in Michigan.

Published California Court of Appeals ICWA Notice Case

Here. Out of the Second Appellate Division, L.A. County. The State has the ongoing duty to send updated notices when they receive additional information.

The issue presented in this case is whether there is a duty under the ICWA to send updated notices to the relevant tribes when additional information regarding the child‟s ancestors (such as previously omitted birthdates, aliases, and/or alternate spellings) is obtained after the original ICWA notices were sent. We conclude there is such a duty. Because the Los Angeles County Department of Children and Family Services (the Department) in this case failed to send updated notices after it obtained additional information, we reverse the order terminating the parental rights of appellant W. H. (mother) with regard to her daughter, I.B.,2 for the limited purpose of compliance with the ICWA.

Training at Lac Vieux Desert, August 12 & 13

LVD Training

Job Posting: Navajo Nation Assistant Attorney General

Here

The Navajo Nation Department of Justice is seeking an energetic and motivated Assistant Attorney General to manages a component “Tax and Finance Unit” The qualified applicant will provide legal advice and representation to various programs, departments and divisions of the Navajo Nation government, regarding a wide range of legal issues, including statutory and regulatory grounds for local authority, contract disputes and procurement issues, and intergovernmental relations. Emphasis will be in the area of Tax, Retirement, Insurance, Finance and Office of Management and Budget.

 

Latest District Court Memorandum and Order in Duluth v. Fond Du Lac

07 28 15 Nelson Decision

Given the significant weight that is to be placed on this factor, the Court finds that it tips the balance in favor of granting the Band retrospective relief under Rule 60(b)(6). Although (1) the parties voluntarily agreed to the Consent Decree, (2) the NIGC initially endorsed the Agreements, and (3) the NIGC may lack authority to punish the Band for its compliance with the Consent Decree, those factors are outweighed by (4) the strong congressional intent that tribes be the primary beneficiaries of gaming revenues, (5) the fact that the Band’s obligation to pay rent under the Agreements is now considered—by the agency tasked with making such determinations—to violate that intent, and (6) the fact that the City was aware of the NIGC’s changing viewpoint on the subject matter. Accordingly, the Band is relieved from its obligation to pay to the City the rent withheld in 2009, 2010, and 2011.

Previous coverage here.

Testimony from Recent Senate Hearing on Juvenile Justice in Indian Country

Here.

The Honorable Robert Listenbee
Administrator-Office of Juvenile Justice and Delinquency Prevention, U.S. Department of Justice, Washington, D.C.
View Testimony

Mr. Darren Cruzan
Deputy BIA Director-Office of Justice Services, Bureau of Indian Affairs, U.S. Department of the Interior, Washington, D.C.
View Testimony

Ms. Addie C. Rolnick
Associate Professor-William S. Boyd School of Law, University of Nevada, Las Vegas, NV
View Testimony

Ms. Carla Knapp
National Director of Native Services-Boys & Girls Club of America, Fort Myers, FL
View Testimony

ABA submission here.

TLPI Code Resource: Drafting or Revising Tribal Juvenile Justice Codes

The Tribal Law and Policy Institute (TLPI) is pleased to announce a new Tribal Legal Code Resource publication – A Guide for Drafting or Revising Tribal Juvenile Delinquency and Status Offense Laws – which is the most recent addition to TLPI’s Tribal Legal Code Resource series. This resource was developed with support from both the U.S. Department of Justice Bureau of Justice Assistance (BJA) and the Office of Juvenile Justice and Delinquency Prevention (OJJDP) Tribal Youth Program Training and Technical Assistance Center. Please note that the June 2015 version – available through TLPI’s Tribal Court Clearinghouse www.TLPI.org – includes an interactive version with extensive internal and external links and downloadable PDF format.