Here.
In this case, the Kalamazoo court did not make an inquiry on the record.
Respondent accurately notes that the circuit court failed to make the required inquiry on the record. However, respondent suffered no prejudice as a result. There is no record evidence to support that the child had any Native American heritage.
Here.
In one line, this case summarizes why the Department’s failure to do notice properly harms kids and families:
[Infant]’s adjudication hearing was initially set for October 2013 but was continued approximately five months (due to the Department’s failure to properly serve notice under the ICWA) during which time the infant remained out of mother’s care.
And, for the record, in this case, “mother and maternal relatives had tribal enrollment numbers, and mother claimed father had Cherokee heritage. None of the ICWA notices sent reflected all of this information.”
Today we did a (long) lunch session on ICWA and MIFPA for state court personnel in Macomb County. Thanks to the Macomb criminal and juvenile law committees for inviting us.
Kate Fort, Michelene Eberhard (chair of the criminal law committee), and Maribeth Preston from SCAO.
Here.
Respondent-father appeals as of right from the trial court’s order terminating his parental rights to his child pursuant to MCL 712A.19b(3)(c)(ii) (other conditions exist that cause thechild to come within the court’s jurisdiction), (3)(g) (failure to provideproper care or custody), and (3)(j) (reasonable likelihood of harm). For the reasons set forth in this opinion, we affirm in part but remand this matter to the trial court to consider whether to conduct a Ginther hearing or to resolve the issues set forth herein by making a determination as to whether trial counsel was ineffective such that there exists a reasonableprobability that, but for counsel’s unprofessional errors, the result would have been different.
The numbers are mind boggling, to say the least. Here.
Over 5,000 Aboriginal children are in care of the province of Alberta. They represent nearly 70 per cent of kids.
The number grows to 5,600 Aboriginal children in Saskatchewan or 83 per cent of all kids in care.
But it’s Manitoba that has the highest numbers.
More than 10,000 Aboriginal children, 87 per cent, are under the care of the province.
From NNALSA:
For Immediate Release
November 18, 2014
CONTACT:
Alex Kitson, NNALSA Public Relations Director
nnalsa.publicrelations@gmail.com
Help National NALSA Celebrate Its 45th Anniversary
2015 marks the 45th anniversary of the founding of the National Native American Law Students Association (NNALSA). In recognition of this occasion, NNALSA is seeking information and memorabilia from over the last 45 years.
If you were involved in the founding of NNALSA, we need your help! We want to hear from you and how it all started. To share your story, please email nnalsa.publicrelations@gmail.com. We are also gathering pictures of NNALSA boards and activities throughout the last 45 years. Pictures can also be sent to nnalsa.publicrelations@gmail.com.
Here. Fairly long case to be unpublished, and odd reading for an ICWA case–separating out the language of “beyond a reasonable doubt” from the additional standard that “continued custody of the child by the parent . . . is likely to result in emotional or physical damage to the child.” Rather, the court held:
The conduct by both parents shows the absence of concern, interest, and responsibility as to their children under both the clear-and-convincing and reasonable-doubt standards.
Here.
Nov 19, 2014 at 2:30 P.M. (EST): Oversight Hearing on “Protecting our Children’s Mental Health: Preventing and Addressing Childhood Trauma in Indian Country.”
Date: 11/19/2014 02:30 PM
Location: 628 Senate Dirksen Bldg
Type: Oversight Hearing
THE HONORABLE ROBERT L. LISTENBEE JR.
–
DR. YVETTE ROUBIDEAUX
Acting Director-Indian Health Service
MS. KANA ENOMOTO
Principal Deputy Administrator-Substance Abuse and Mental Health Services Administration
MR. RICK VAN DEN POL
Director and Principal Investigator-Institute of Educational Research and Service, The University of Montana National Native Children’s Trauma Center
MS. VERNÉ BOERNER
President/CEO-Alaska Native Health Board
Here, in which Sen. Tester says IHS is worse than VA at this point.
The second round of buying health insurance on the Affordable Care Act exchanges has started. Health officials say Native Americans may have much to gain by buying insurance there.
Here.
Fairbanks Native Law Staff Attorney – Alaska Legal Services Corporation is seeking a full-time staff attorney for its Fairbanks office to provide legal services to Tanana Chief Conference member Tribes and tribal members. This position primarily involves representation of individual and tribal clients in proceedings related to the Indian Child Welfare Act, as well as litigating other Native law matters on behalf of TCC Tribes and tribal members. Travel to both rural and urban areas may be required. Click here for full job description.
Turtle Talk 
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