Category Archives: ICWA

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 , , , , ,

TICA Panel #1 — ICWA Q&A

Posted in Author: Matthew L.M. Fletcher, ICWA, TICA | Tagged ,

SCOTUS Denies Cert in Oglala Sioux Tribe v. Fleming

Here is today’s order list. Cert petition and lower court materials here.

Posted in Author: Matthew L.M. Fletcher, ICWA, Research, Supreme Court | 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.

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

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 , ,

Oral Argument in Acevedo v. Jordan [ICWA]

Here. In Division 3. The MSU Indian Law Clinic and Center for Indigenous Research and Justice filed an amicus brief supporting the application of ICWA and the minor mom (represented by Northwest Justice Project).

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

Deadline Update in Brackeen v. Bernhardt [ICWA]

Here Plaintiffs requested an extension to their en banc petition. The Court gave them until October 1 to file.

Posted in Author: Kate E. Fort, ICWA | 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 , , , , ,

Indian Country Fights to Protect Its Children and Preserve Its Sovereignty

New article from Nick Martin in The New Republic about the recent Brackeen v. Bernhardt decision and preserving ICWA. Available here.

Posted in ICWA, Research | Tagged ,