Category Archives: Child Welfare

Jurisdiction Case out of the Arizona Court of Appeals [ICWA, UCCJEA]

Here. This case has gone up a couple of times.

Posted in Author: Kate E. Fort, Child Welfare, ICWA, Research | Tagged , , , , ,

State and Individual Parties File for En Banc Review in Brackeen v. Bernhard [ICWA]

Individual Petition for EnBanc Review State Petition for EnBanc Review The Court has asked the federal and tribal parties for response briefs, which are due October 23rd.

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Improper Removal Case out of Washington Court of Appeals [ICWA]

Today I received a call that went something approximately like this: Caller: “So with [25 U.S.C.] 1920 …” Me: “Right, 1922, go on.” Caller: “Um, ok, so with 1920 . . .” Me: “I think you mean 1922?” Caller: “I … Continue reading

Posted in Author: Kate E. Fort, Child Welfare, ICWA, Research | Tagged , , , ,

Bill C-92, An Act Respecting First Nations, Inuit and Métis Children, Youth and Families

Government Bill (House of Commons) C-92 (42-1) – Royal Assent – An Act respecting First Nations, Inuit and Métis children, youth and families – Parliament of Canada Somehow the final passage (“royal assent”) of this bill in Canada slipped our … Continue reading

Posted in Aboriginal Rights, Canada, Child Welfare, ICWA, Indian Act, Research | Tagged , ,

Reason to Know Decision from Washington Court of Appeals [ICWA]

Here. ICWA and WICWA require a court conducting a 72-hour shelter care hearing to inquire whether the child is or may be an Indian child. A court substantially complies with that requirement if prior to the hearing the Department has … Continue reading

Posted in Author: Kate E. Fort, Child Welfare, ICWA, Research | Tagged , , , , ,

Qualified Expert Witness Case out of Utah Court of Appeals [ICWA]

Here. In this case, the GAL petitioned to remove the child from the mother’s care. This GAL has considerable issues with the application of ICWA: The GAL argued that since ICWA does not explicitly define what qualifies a witness as … Continue reading

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Published Notice Case from California Court of Appeals [ICWA]

Here One might think, given that as of the end of July, California had more than 70 ICWA notice violation cases and in 41 one of them (fifty six percent of the time) the appellate court sent it back down … Continue reading

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ICWA Jurisdiction Case Out of North Carolina Court of Appeals

Here. There is a lot going on here, including problematic reasoning over full faith and credit to a tribal court order, but I think it is worth focusing on “ward of the tribal court” language. In 25 USC 1911(a), tribes … Continue reading

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Tribal Courts and Child Welfare Podcast Series from ACF

Here. Tribal Courts and Child Welfare Series Adapting to Child Welfare Cases Revising Your Children’s Code Partnering with Tribal Social Services Building Relationships With State Counterparts Overcoming Challenges to Working With States Being Family Centered

Posted in Author: Kate E. Fort, Child Welfare, Tribal Codes, tribal courts | Tagged , , , ,

Eighth Circuit Decision Upholding Tribal Jurisdiction in Watso v. Piper [ICWA, PL 280]]

Decision here. This settles a long running string of cases out of the Minnesota federal courts in which the non-Indian parents of tribal member children argued there was no tribal jurisdiction over their children when they lived on the tribal … Continue reading

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