News article here.
OTTAWA – The Canadian Human Rights Tribunal begins hearings into a major case this morning about federal financing for First Nations child welfare.
Read it on Global News: Global News | First Nations child welfare funding in court
Child Welfare
NPR on ICWA in South Dakota
From tonight’s All Things Considered: here.
This week, officials from the Crow Creek Sioux Nation and seven other tribes in the state sent an extensive report to Congress accusing South Dakota of systematically violating the federal Indian Child Welfare Act. The federal law says that, with some exceptions, if the state removes a Native American child, the state must place that child with relatives, tribal members or other Native Americans.
The report, which the officials wrote with the help of the nonprofit Lakota People’s Law Project, concludes that in many instances the state does not have the authority to remove native children from tribal land. When the state does have that authority, through a tribal court order or tribal council agreement, the report says the state is failing to place the majority of those children according to the law.
National Council of Juvenile and Family Court Judges Bulletin to Improve Compliance with ICWA
Michigan ICWA Bill (MIFPA) Passes State House of Representatives–Will Likely Become Law
Some good news in this legislative session–the Michigan Indian Family Preservation Act just passed in the House and, having already passed in the Senate, is heading to the Governor’s office for him to sign. Bill status and versions are available here.
Update in Koniag v. Kanam — Some Evidence that “Karluk Tribal Court” Isn’t a Real Tribal Court At All
You may recall our posting on the recent complaint in Koniag, Inc. v. Kanam (and the Karluk Tribal Court). There is some evidence that the “Karluk Tribal Court” is not attached to a federally recognized tribe, and may be a total fraud.
Here are some additional materials in the ongoing federal suit:
Karluk Tribal Court Materials [Note the location of the tribal court — it’s in Washington state, a thousand miles from the Native village on Kodiak Island]
Here is an order issued by the “Karluk Tribal Court” purporting to declare a Washington state court ICWA proceeding invalid: Continue reading
Defending Childhood Task Force to Hold Detroit Hearing April 23-24, 2012
From the information provided here:
The Defending Childhood Task Force is interested in hearing from community members and professionals working with children and families who have experienced violence, and those who have personally experienced children’s exposure to violence, both as victims and witnesses.
The National Council on Crime and Delinquency site on the topic is here and has information on past task force hearings.
The Port Gamble S’Klallam Tribe Takes Total Control of Child Welfare
From the Seattle Times here.
Unpublished ICWA Opinion out of Nebraska
The court found that the denial of transfer to tribal court was not an abuse of discretion by the trial court. In this case the blood quantum requirements of the tribe initially led to a determination that the children were not eligible for membership, though it turns out the determination was in error. Because of the error, the tribe was late to intervene, and the trial court denied transfer. The State and the GAL opposed transfer, and the court used a best interests standard to deny transfer. It’s not a pretty opinion and touches on a number of the usual issues involved in these cases (permanency, termination of parental rights, whether foster care placement and termination proceedings are separate or intrinsically linked).
Alabama-Coushatta Tribe of Texas 2nd Judicial Symposium
Save the Date is here: Alabama-Coushatta Tribe of Texas 2nd Judicial Symposium
The Pundit: Enforcing State Child Support Orders in Tribal Courts in Michigan
A publication of the State Court Administrative Office (SCAO), The Pundit is primarily for those working on child support issues, including Friend of the Court. The editors asked for an article detailing how tribal courts recognize foreign (state) court child support orders. All of the information came from inquiries to the tribal courts in Michigan. The article includes detailed contact information for the tribes as well.
The publication is here. (PDF)
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