NNALSA and rules committee:
Author: Kate E. Fort
Montana at NNALSA Moot Court 2014
Hamline at NNALSA Moot Court 2014
Tour of OU Law
Cornell at NNALSA Moot Court 2014
Michigan Representing at NNALSA Moot Court 2014
Canadian Judge Grants First Nations Injunction Request Over Opening Fisheries
Coverage here.
B.C. First Nations won a major victory Friday when a Federal Court judge granted an injunction blocking the opening this year of a herring fishery on the west coast of Vancouver Island.
The decision came after an internal memo revealed Fisheries Minister Gail Shea overruled recommendations of scientists in her own department.
If anyone has a copy of the injunction, we’d like to post it.
Conditional Reversal on Notice Case from Michigan COA
Here.
We acknowledge that there was an effort to comply with the notice requirements. On October 14, 2011, petitioner sent a notification for each child, identifying the children’s tribal affiliation as Sault Ste. Marie Tribe of Chippewa and/or Blackfoot, to respondents, the Sault Ste. Marie Tribe of Chippewa, and the Midwest Bureau of Indian Affairs in Fort Snelling, Minnesota. The notices state that they were sent by registered mail, return receipt requested. However, there is no return receipt in the record before us.
Unpublished Active Efforts Decision from the Michigan COA
Here.
With some troubling language, given this was an abuse and neglect case:
fn 4
In this appeal, the parties have not directly addressed whether respondent father ever had “custody” of the children, or whether respondent father is part of an “Indian family” within the meaning of ICWA or MIFPA. For purposes of this appeal only, we assume that respondent father was a parent from whose custody the Indian children were removed, within the meaning of 25 USC 1914 and MCL 712B.39. We further assume that mother, respondent father, and the children comprise an “Indian family” within the meaning of ICWA and MIFPA. Cf. In re SD, 236 Mich App 240, 244; 599 NW2d 772 (1999) (holding that no “active efforts” were required when the family had already been broken up at the time the proceedings began); Adoptive Couple v Baby Girl, ___ US ___; 133 S Ct 2552, 2563-2564; 186 L Ed 2d 729 (2013) (same).
Investigation into Tulsa Adoption Agency
Story here.
Oklahoma’s Department of Human Services is looking into a Tulsa adoption agency.
Heritage Family Services and its director Mike Nomura are contracted with the state to administer a report that’s done for every case where a child is adopted across state lines.
The chairman of the board for Heritage Family Services is the attorney who represented Matt and Melanie Capobianco as they fought for custody of Veronica Brown.














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