Child Welfare

Federal Court Finds No Jurisdiction for Itself in Tribal Guardianship Proceeding

Kate Fort2 Comments

Here.

Section 1914 does not confer jurisdiction upon this court because the guardianship action at issue here was not decided under State law. Rather, Plaintiff is challenging an Indian tribal court’s decision to place an Indian child in foster care. Plaintiff does not allege that the tribal court lacked jurisdiction to make a custody determination or otherwise violated his due process or equal protection rights; rather, he merely alleges that its decision violated the Indian Child Welfare Act. However, the Indian Child Welfare Act, 25 U.S.C. §§ 1901-1963, gives Indian tribes jurisdiction to determine custody of Indian children. See DeMent v. Oglala Sioux Tribal Court, 874 F.2d 510, 514 (8th Cir. 1989). The Indian Child Welfare Act does not confer jurisdiction upon this court to review the propriety of the tribal court’s guardianship decision in this case.

Alaska AG Withdraws 2004 AG Opinion on Tribal Court Jurisdiction that Conflicted with Alaska SCT Precedent

Matthew L.M. Fletcher

Here is the letter withdrawing “Jurisdiction of State and Tribal Courts in Child Protection Matters,” 2004 Op. Att’y Gen. No. 1:

2014-001_APR2014

The 2004 opinion is here (PDF).

The relevant Alaska precedent — State v. Native Village of Tanana, 249 P.3d 734 — is here:

State v. Native Village of Tanana

Casey Family Programs Job Posting: Senior Director, Indian Child Welfare

Matthew L.M. Fletcher

Casey Family Programs has posted the position of Senior Director Indian Child Welfare. To apply for these position, please visit:

Senior Director Indian Child Welfare – HT10754<http://www.recruitingcenter.net/clients/casey/publicjobs/controller.cfm?jbaction=JobProfile&job_id=10754>

http://www.recruitingcenter.net/clients/casey/publicjobs

Casey Family Programs, an Equal Opportunity Employer, is a national operating foundation that provides and improves—and ultimately prevents the need for—foster care. We value a diverse and culturally competent workplace.

Job Summary:

The Senior Director of Indian Child Welfare Consulting is a national expert providing leadership to Casey, Tribes, and States regarding child welfare systems for Indian Child Welfare programs. Continue reading →

Florida Appeals Court Strips Miccosukee Tribal Court of Jurisdiction in UCCJEA Matter

Matthew L.M. Fletcher

Here is the opinion in Billie v. Stier:

Fla Ct App Opinion

An excerpt:

This Petition for a Writ of Prohibition evolves out of a custody dispute between the mother, who is a member of the Miccosukee Tribe of Indians, and the father, who is not a member  of the tribe of Native American heritage. The issue is whether the Miccosukee Tribal Court or the Circuit Court of the Eleventh Judicial Circuit has the jurisdiction to decide the custody dispute. The mother petitions for a writ prohibiting the Circuit Court from exercising jurisdiction over the custody matter. Based on the facts of this case and the Uniform Child Custody, Jurisdiction, and Enforcement Act (“UCCJEA”), we conclude that the Circuit Court was correct in determining that it, and not the Tribal Court, has  jurisdiction to decide the custody issues and we therefore deny the petition.

Article on Birth Mother in Adoptive Couple Case Dropping Federal Suit

Kate Fort

Here.

In a statement Tuesday, Cherokee Nation Assistant Attorney General Chrissi Ross Nimmo said officials did not actively follow the suit because they were never served with a complaint, meaning they were unaware the case was closed until last week.

“We are pleased Ms. Maldonado and the unnamed plaintiffs voluntarily dismissed the suit,” she said. “We never believed the suit had any merit, and we’re prepared to actively defend the suit had we ever been served.”

Unpublished Placement Preferences Case out of California

Kate Fort

Troubling reasoning that if the Tribe did not ask for nor provide a placement, the court did not have to abide by ICWA placement preferences.

Here.

Indian Law Week at University of Montana, April 14-18

Kate Fort

Information and schedule here.

The University of Montana Native American Law Students Association will present Indian Law Week Monday through Friday, April 14-18. Short sessions related to Native American law topics will be held Monday through Wednesday on campus, and the all-day Indian Child Welfare Act Conference will be held Thursday and Friday at the Wingate by Wyndham Hotel, located at 5252 Airway Blvd. in Missoula.

All events are free and open to the public unless otherwise noted.

 

Unpublished California ICWA Case on Customary Adoption in State Court

Kate Fort1 Comment

Here.

In sum, because the Tribe never identified tribal customary adoption as an option, because the Tribe was involved in the selection of the appropriate permanent plan for the child, and because the record shows that the Tribe was aware of tribal customary adoption at the time of the selection and implementation hearing, the father has failed to show “a reasonable probability that compliance with the procedural requirements of tribal customary adoption would have resulted in an outcome more favorable to him.” (G.C., supra, 216 Cal.App.4th at p. 1401.)

Listening Session on the BIA ICWA Guidelines, April 15,

Kate Fort1 Comment

BIA letter here.

The second listening session will be April 15th from 1:30pm-3:00pm at the NICWA conference.

Article on Tribal-State Collaboration in Family Court

ilpc

Here.

The Superior Court of El Dorado County and the Shingle Springs Band of Miwok Indians on the Shingle Springs Rancheria will collaborate to create a court for juvenile and family court cases.

Two judges, Christine Williams of the Shingle Springs Tribal Court and Judge Suzanne N. Kingsbury, presiding judge of the El Dorado County Superior Court, will hear the cases thanks to a grant provided by the Bureau of Justice Assistance, the only grantee this year, a press release stated.