Author: Kate E. Fort

Interior Proposed Findings for Two Federal Acknowledgment Petitioners

Kate Fort1 Comment

In today’s Friday afternoon release from Interior:

WASHINGTON, DC – Assistant Secretary – Indian Affairs Kevin K. Washburn today issued proposed findings for two petitioners under the Federal Acknowledgment Process. The decisions include a proposed finding to acknowledge the petitioner known as the Pamunkey Indian Tribe (Petitioner #323) as a federally recognized Indian Tribe, and a proposed finding to decline acknowledgment for the petitioner known as the Meherrin Indian Tribe of North Carolina (Petitioner #119b).

Release here.

The proposed findings and Fed Register notices are not yet up here, though the release indicates they will be soon.

Meherrin Indian Tribe Interior page is here.

Cherokee Nation Changes Placement Preferences Under ICWA

Kate Fort

Article here.

The tribal resolution, which passed unanimously, states: “In any adoptive placement of a Cherokee child under state law, a preference shall be given, in the absence of good cause to the contrary, to a placement with a biological parent or parents; a member of the child’s extended family; other members of the Cherokee Nation; or other Indian families.”

Order To Produce Documents in Fontaine v. Canada (St. Anne’s Residential School Case)

Kate Fort1 Comment

Here.

Via Jody Porter (@cbcreporter)

Job Posting: Fredericks Peebles & Morgan Associate Attorney

Kate Fort

Here.

Indian Law Resource Center Report on Tribal Capacity for Enhanced Sentencing

Kate Fort

Report here.

The Indian Law Resource Center recently released, Restoring Safety to Native Women and Girls and Strengthening Native Nations ─ A Report on Tribal Capacity for Enhanced Sentencing and Restored Criminal Jurisdiction. The report examines existing literature on the readiness among Indian nations to exercise enhanced sentencing authority under TLOA and fuller criminal jurisdiction over all perpetrators of violent crimes under VAWA 2013 or other future legislation. It also identifies challenges facing Indian nations in exercising such authority and how some Indian nations are moving forward to increase their capacity to safeguard Native women in their communities. The report, available at http://indianlaw.org/content/restoring-safety-native-women-and-girls-and-strengthening-native-nations, concludes with ten recommendations aimed at ending violence against Native women and girls and strengthening the ability of Indian nations to address this crisis. We hope that the report will guide the Center, and perhaps others, in better assisting Indian and Alaska Native nations to make their communities safe places.

Oregon Court of Appeals Applies ICWA to Guardianships

Kate Fort1 Comment

But does not require contemporaneous active efforts when ordering one.

Here is the opinion.

Given our conclusion that the guardianship was a “foster care placement”  under ICWA, we now consider whether the juvenile court was required under ICWA to make an “active efforts” finding at the proceeding in which that guardianship was  established. Mother argues that, because the guardianship is a foster care placement, the  juvenile court was required to include an active efforts finding in the guardianship  judgment. Although we disagree with DHS’s argument that the guardianship was not a  “foster care placement,” we conclude nonetheless that DHS satisfied ICWA’s “active  efforts” requirement at the 2011 permanency hearing. Therefore, the juvenile court was  not required to make an “active efforts” finding in the guardianship judgment.

Cheyenne Arapaho Tribes of Oklahoma v. Jewell, Complaint and Accompanying Documents

Kate Fort

Complaint here.

May 1, 2013 Return of Compact Amendment Letter here.

April 5, 2013 Settlement Agreement here.

August 1, 2013 Disapproval Letter here.

Nov. 6, 2013 Disapproval letter here.

News coverage via The Oklahoman here.

Job Posting: Spokane Tribe Chief and Associate Judge Positions

Kate Fort

2013-12-20 Chief Judge Job Announcement
2013-12-20 Associate Judge Job Announcement

ICWA Transfer Case Out of Nebraska

Kate Fort

Here.

We conclude that Cameron and Amanda failed to timely
appeal from the orders denying the motions to transfer the cases to tribal court. As such, this court is without jurisdiction to address Cameron and Amanda’s argument that the juvenile court erred in that respect. Upon our de novo review, we find that the State presented clear and convincing evidence that termination of Cameron’s and Amanda’s parental rights to S, L, H, and J was in the children’s best interests. Accordingly, we affirm the orders of the juvenile court.

Oklevueha Native American Church of Hawaii v. Holder, Order Granting Summary Judgment

Kate Fort1 Comment

Here.

Briefs to come later.

Not affiliated with legitimate Native American Church practitioners.