ICWA – Turtle Talk

N.R. v. Ellison: Another ICWA Challenge Seeks Supreme Court Review

August 28, 2026August 27, 2026Wenona Singel

In March, Matthew posted the Minnesota Supreme Court’s decision rejecting an equal protection challenge to ICWA for lack of standing. The foster parents have now asked SCOTUS to review that decision. On August 26, the Minnesota AG, Red Lake Nation, the children’s guardian ad litem, the mother, and Faribault-Martin County Human Services filed their brief in opposition.

The petitioners ask the Court to decide the equal protection question that the Court didn’t reach in Brackeen, arguing that ICWA and the Minnesota Indian Family Preservation Act impose race-based placement preferences. They also ask the Court to review a First Amendment claim that denying intervention because the foster parents raised a constitutional challenge was itself unconstitutional.

The brief in opposition identifies substantial obstacles to review that make the case a poor vehicle for resolving the equal protection issue left unresolved in Brackeen while also separately arguing that the equal protection claim should fail on the merits since ICWA/MIPFA use political rather than racial classifications under Morton v. Mancari. It also defends the intervention denial as constitutional.

Cert petition

Brief in Opposition of Respondents

Florida Appellate Court Orders Trial Court to Allow Tribe to Intervene in ICWA Matter

August 21, 2026Matthew L.M. Fletcher

Here is the opinion in Stillaguamish Tribe of Indians v. D.D.:

Opinion_2026-0482.pdf Download

Alaska SCT Affirms TPR Decision over Active Efforts Challenge

June 15, 2026Matthew L.M. Fletcher

Here is the opinion in Ruby C. v. State of Alaska Dept. of Family and Children’s Services:

Ruby C v State.pdf Download

Michigan COA Holds MIFPA Does Not Apply to Lumbee Citizens in Case Involving Pre-Lumbee Recognition

May 29, 2026Matthew L.M. Fletcher

Here is the opinion in In re Ledee:

In re Ledee.pdf Download

Kate Fort on ICWA Enforcement

April 9, 2026Matthew L.M. Fletcher

Kathryn E. Fort has published “The Challenge of Indian Child Welfare Act Enforcement in the Modern Age of Child Dependency” in the Yale Law Journal Forum.

Here is the abstract:

Nearly fifty years after its passage, the Indian Child Welfare Act (ICWA) remains a vital part of the child welfare system to protect Native children and families. Since then, both federal and state law have incorporated provisions of ICWA for the benefit of all families in that system. However, ICWA itself is regularly disregarded and misunderstood by practitioners and judicial officers. This Essay describes the application of ICWA in the current child welfare system, as well as identifies programs designed to improve implementation of the law, all from the perspective of an appellate practitioner with twenty years of ICWA experience. While there is no magic wand to wave that can fix the persistent barriers to ICWA enforcement and implementation, the continued work of those committed to changing the current system creates solutions that can benefit Native families and, if history is any guide, ultimately all families.