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Category Archives: ICWA
Comments Needed for Kansas ICWA Pro Hac Vice Rule Exception
The Kansas Supreme Court is seeking comments on an amendment for to the pro hac vice rule to exempt out of state ICWA attorneys from fees and associating with local counsel. Deadline for comments is March 15, 2019. Rule is … Continue reading
Posted in Author: Kate E. Fort, Child Welfare, ICWA
Tagged court rule, ICWA, Kansas, pro hac vice
Wisconsin Passes a Pro Hac Vice Rule Exception for ICWA Attorneys
Order is here. This is a great victory by the tribal attorneys who worked on this issue for the past number of years. All of the ICWA pro hac vice rules are here.
Posted in Author: Kate E. Fort, Child Welfare, ICWA
Tagged pro hac vice, WICWA, Wisconsin
Neoshia Roemer on the Conflict between ICWA and the Interstate Compact on the Placement of Children
MSU ILPC’s own Neoshia R. Roemer has published Finding Harmony or Swimming in the Void: The Unavoidable Conflict Between the Interstate Compact on the Placement of Children and the Indian Child Welfare Act. [PDF] Here is the abstract: The Indian … Continue reading
Reason to Know [ICWA] Out of the Ohio Court of Appeals
2019-ohio-178 In most states, this would most certainly be reason to know, and the agency would be required to do additional inquiry and notify a tribe. When we talk about inconsistent application of the law, this is definitely one of … Continue reading
Posted in Author: Kate E. Fort, Child Welfare, ICWA
Tagged ICWA, inquiry, Iroquois, notice, Ohio Court of Appeals, reason to know
Published Permanency/Guardianship [ICWA] Case out of Nebraska Court of Appeals
In re Mercedes L. et al This is a very long decision, but the court’s discussion of appealability of the order is an interesting one.
Posted in Author: Kate E. Fort, Child Welfare, ICWA
Tagged active efforts, appealability, guardianship, ICWA, In re Mercedes L., Oglala Sioux, Winnebago Tribe of Nebraska
Media Statements and News Articles on Fifth Circuit ICWA Case
Quote from Intervening Tribes Statement: We applaud the broad coalition of federal lawmakers, attorneys general from 21 states, and 30 child welfare organizations who have joined 325 Tribal governments and 57 Tribal organizations in filing numerous amicus briefs with the … Continue reading
Merits and Amicus Briefs Filed in Brackeen et al v. Zinke et al. Yesterday
Multiple parties and amici filed strong briefs in the Brackeen v. Zinke case in the Fifth Circuit yesterday. Twenty-one state attorneys general filed an amicus brief in support of the law, as did 325 tribal nations and 57 tribal organizations. … Continue reading
Unpublished Nebraska Court of Appeals Case on Active Efforts (ICWA).
Here. We rarely post unpublished ICWA cases because otherwise that’s all we would do. However, in this case involving an analysis of active efforts, the court found that: Efforts made in this case included facilitating supervised visits, providing family support … Continue reading
Posted in Author: Kate E. Fort, Child Welfare, ICWA
Tagged active efforts, ICWA, Nebraska Court of Appeals, NICWA, unpublished decision
Article Out of Colorado on Keeping Kids in Foster Care in the Same School
While this article doesn’t talk about Native children populations, this is an aspect of foster care I always teach, and often law students find it surprising that children are moved out of their school district (and related sports teams, academic … Continue reading
Posted in Author: Kate E. Fort, Child Welfare, ICWA
Tagged active efforts, Education, foster care system, prison, requirements, state funding
2018 ICWA by the Numbers
Here’s our annual contribution to the ICWA data discussion. I’m nearing to the final set of 2018 ICWA cases. A note on the data–these are cases that are on Westlaw and/or Lexis Nexis, and ICWA (or state equivalent) was litigated. I collect … Continue reading
Posted in Author: Kate E. Fort, Child Welfare, ICWA
Tagged 2018, annual review, by the numbers, ICWA
