Unpublished ICWA Indian Custodian Case out of California

Here.

The evidence that mother transferred custody of the minors to the paternal grandmother as an Indian custodian was equivocal and compromised. Although maternal grandmother took N.J. to the emergency room, she gave conflicting information regarding whether she had custody of the children. For example, while she told police that she provided care for the minors, mother had custody of them. Likewise, she told doctors that mother had custody of N.J. and that N.J. lived with mother. Indeed, maternal grandmother’s inconsistent and equivocal answers regarding who had custody of the minors was one reason that they were placed in protective custody.
Additional facts undercut any claim that maternal grandmother was an Indian custodian. L.J. was found with father at maternal grandmother’s house the day N.J. was admitted to the hospital. While the Citizen Potawatomi Nation had a specific procedure for establishing an Indian custodian, maternal grandmother did not avail herself of this procedure to establish herself as the minors’ Indian custodian. While the tribe was represented at the hearing on maternal grandmother’s request to be recognized as an Indian custodian, the tribe did not claim she was the minors’ custodian and did not object to the trial court’s ruling denying the request and reinstating the orders terminating parental rights. Finally, we find it telling that an alleged Indian custodian of the minors did not visit or request contact with the minors since October 1, 2012, five days after they were placed in protective custody.

Unpublished Active Efforts Case Out of California

Here. Whether the state has the obligation to assist in enrolling dad and child at in the Chickasaw Nation as an active efforts requirement. The California Rules of Court include that in their definition of active efforts:

We note that the California Supreme Court is currently reviewing the validity of California Rules of Court, rules 5.482(c) and 5.484(c) in In re Abbigail A. (2014) 226 Cal.App.4th 1450, review granted September 10, 2014, S220187. However, briefing and decision of the issue in this court and further potential review in the Supreme Court would significantly delay this matter, while stipulated reversal with directions will benefit R.P.’s interests more expeditiously. (In re Rashad H., supra, 78 Cal.App.4th at p. 380.)
Reversal is therefore appropriate given DPSS’s and the juvenile court’s failure to make active efforts to secure tribal membership for R.P. Although only mother appealed, the parental rights termination order must be reversed as to both mother and father. (In re Mary G. (2007) 151 Cal.App.4th 184, 208.)

Tribal Nation Comments on the Proposed ICWA Regulations

An updated list–I know there are still some missing that were submitted, so please send them on if you’d like to be added (Fort@law.msu.edu)

Prairie Band Potawatomi Nation
Grand Traverse Band of Ottawa and Chippewa Indians
Swinomish Indian Tribal Community
Habematolel Pomo of Upper Lake
Mashantucket Pequot Tribal Nation
Pueblo of Pojoaque Tribal Court
Southern Ute Indian Tribe
Stillaguamish Tribe of Indians
Omaha Tribe of Nebraska
Tulalip Tribes
Central Council Tlingit and Haida Indian Tribes of Alaska
Cedarville Rancheria of Northern Paiute Indians
Colorado River Indian Tribes
Lac du Flambeau Band of Lake Superior Chippewa Indians
Confederated Salish and Kootenai Tribes of the Flathead Nation
Wyandotte Nation
Fond du Lac Band of Lake Superior Chipppewa
Yakutat Tlingit Tribe
Sac and Fox Nation
Big Sandy Rancheria
Gila River Indian Community
Elem Indian Colony
Port Gamble S’klallam Tribe
Native Village of Port Heiden
Beaver Village Council
Lower Elwha Klallam Tribe
Confederated Tribes of the Umatilla Indian Reservation
Pokagon Band of Potawatomi
Samish Indian Nation
Confederated Trbies of Siletz Indians
White Earth Nation
Sault Ste. Marie Tribe of Chippewa Indians
Ho-Chunk Nation
Ho-Chunk Nation, Tribal Attorney
Temecula Band of Luiseno Mission Indians
Nottawaseppi Huron Band of the Potawatomi
Standing Rock Sioux Tribe
The Shoshone-Bannock TribesNative Council of Port Heiden
Puyallup Tribe of Indians

Cherokee Nation of Oklahoma
Cherokee Nation Principal Chief Proclamation
Cherokee Nation Tribal Council Resolution
Letter from AAG, Chrissi Ross Nimmo
Letter from ICW ED, Nikki Baker Limore

Comanche Nation Social Services
Nez Perce Tribe Social Services Department
Quinault Indian Nation, Office of the Attorney General
Lac Vieux Desert Band of Lake Superior Chippewa Indians, Office of the Prosecutor
Oklahoma Indian Child Welfare Association
Alaska Native Health Board
United South and Eastern Tribes

Magistrate Decision in Griffith v. Caney Valley Public Schools

In which the student is denied the right to wear an eagle feather on her graduation cap. Her graduation from Caney Valley Public Schools, which is just north of Tulsa, is tomorrow.

Recommendation

The School demonstrated that the graduation ceremony is a formal ceremony and that the unity of the graduating class as a whole is fostered by the uniformity of the caps which are the most prominently visible part of the graduation regalia viewed by the audience to the graduation. Prohibiting decoration of any graduation cap by any student for any purpose serves these legitimate interests. Based on the application of these established principles the undersigned finds that Plaintiff has not demonstrated a substantial likelihood of success on her First Amendment Free Exercise of Religion claim.

Plaintiff’s Motion and Brief

Defendant’s Motion and Brief

20. Objection to Report and Rec (5-20-15)

21. Defs Resp to Obj to RR (5-20-15)

Public School Won’t Display Grand Ronde Flag Without Payment

And meanwhile, over near Grand Ronde:

Leaders of the Confederated Tribes of the Grand Ronde have pressed the Willamina School Board for a decision on their request, calling it a positive gesture in a district where about a quarter of the students are Native American.

It was greeted in April by a counterproposal from the board’s chair, Craig Johnson: The tribe should pay the district $25,000 over five years to display the flag. Another board member, Ken Onstot, said displaying the tribal flag could be “semi-divisive” because only a quarter of the enrollment is Native American.

Michigan Public Radio on Successful Brimley Elementary School

Here.

I took a trip to the U.P. last week to visit Brimley, a very tiny town on the shores of Lake Superior. Aside from the Bay Mills Indian Community reservation and the area’s natural beauty, there’s not much to the place aside from a couple bars, a gas station, and a motel. But the residents are very friendly (I was invited to a smelt dinner the first night I arrived), and they celebrate their own: a recent issue of the local paper featured the elementary school’s Students of the Month, complete with photos and quotes from teachers.

***

Well, this school has a high population of Native American children and kids from low-income families — two groups that statistically struggle in school. But here at Brimley they’re doing well; they are way above the state standard on tests and have been for the past several years.

Via Bryan Newland, who else?

NAICJA Tribal Trial Skills Training, May 22-23

NAICJA has some spots available for a free Tribal Trial Skills Training on May 22-23, 2015 in Albuquerque, NM. Interested tribal advocates or attorneys need to contact Nikki Borchardt Campbell at nikki@naicja.org for more information and to register. NAICJA will register remaining participants on a first-come-first-served basis.

Tribal Trial Skills DRAFT Training Agenda

Northwest Indian Bar Association’s Annual Awards Banquet

The Northwest Indian Bar Association’s Annual Awards Banquet

Thursday, June 11, 2015
Reception at 5:30 p.m., Dinner at 6:30 p.m.

Seattle Aquarium
1483 Alaskan Way
Seattle, WA 98101

Cost:
$85 for NIBA Members (must be current on dues)
$100 for Non-NIBA Members

Checks can be mailed to:
Lisa L. Atkinson
611 Main Street, Suite B-1
Edmonds, WA 98020
(425) 778-2421

Please make checks payable to NIBA and include a completed form available at: http://www.foster.com/documents/event-documents/niba-2015-dinner-e-vite.aspx

Payments may also be made via PayPal to:
nwibatreasurer@gmail.com
Please make sure to include your name and entree choice

RSVP:
Please RSVP by 4:00 p.m. on May 22, 2015 to Sandy Wiley at wiles@foster.com.

Michigan Indian Legal Services Job Posting

Staff attorney position in southwest Michigan.

Announcement here.

Unpublished California ICWA Inquiry Case Requires Reversal of Orders

Here. Out of Ventura County.

Although mother and the maternal grandmother advised HSA of Olivia’s Choctaw ancestry, no further inquiry was made. Had HSA asked, it would have learned that the maternal great-grandmother, Roberta Mae J., is alive, is an enrolled member of the Choctaw Nation, and was born on the Kiowa Reservation in Lawton, Oklahoma.

***

After the writ petition was filed, mother’s counsel submitted certificates and enrollment applications to the Choctaw Nation tribe. On May 5, 2015, we granted mother’s request to take additional evidence that Choctaw Nation issued membership cards to mother and Olivia on April 15, 2015. The tribe’s determination that Olivia is a member of Choctaw Nation is conclusive. (§ 224.3, subd. (e)(1); In re Jack C.III (2011) 192 Cal.App.4th 967, 980; Dwayne P. v. Superior Court (2002) 103 Cal.App.4th 247, 255.) HSA’s failure to comply with the ICWA notice requirements before the six month review hearing requires that we reverse the February 2, 2015 order terminating reunification services, the order granting Olivia’s caretakers de facto parent status, and the order for a section 366.26 hearing.