Category Archives: ICWA

Qualified Expert Witness Case out of Utah Court of Appeals [ICWA]

Here. In this case, the GAL petitioned to remove the child from the mother’s care. This GAL has considerable issues with the application of ICWA: The GAL argued that since ICWA does not explicitly define what qualifies a witness as … Continue reading

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

Published Notice Case from California Court of Appeals [ICWA]

Here One might think, given that as of the end of July, California had more than 70 ICWA notice violation cases and in 41 one of them (fifty six percent of the time) the appellate court sent it back down … Continue reading

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ICWA Jurisdiction Case Out of North Carolina Court of Appeals

Here. There is a lot going on here, including problematic reasoning over full faith and credit to a tribal court order, but I think it is worth focusing on “ward of the tribal court” language. In 25 USC 1911(a), tribes … Continue reading

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Wisconsin Speakers Taskforce on Adoption Looking at Speeding up Adoptions

Press releases: Speakers Taskforce on Adoption Membership 052919 Speakers Taskforce on Adoption 051419 Any tribal member and/or tribe can give testimony on this issue here: Thursday, July 25, 2019 Unity School District Performing Arts Center 1908 150th St. Balsam Lake, … Continue reading

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New Mexico Notice and Time Frame Case from Court of Appeals [ICWA]

Children, Youth & Families Department v. Tanisha G. and Isaac G. This is an interesting and remarkable case, and a way to deal with continued notice violations and delay by an agency. Here are the highlights of this disturbing case … Continue reading

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Qualified Expert Witness Case out of Alaska Supreme Court [ICWA]

Here I have been trying to figure out how to comment on this particular opinion, though I may just default to Alaska’s QEW holdings have always been outliers . . . So as a reminder for us all, this is … Continue reading

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Time Magazine on ICWA

Here The first four paragraphs of the story: Each time Elisia Manuel sees her daughter Precious rehearsing traditional basket dancing and humming tribal songs around their home in Casa Grande, Arizona, she’s overwhelmed with emotion. “It’s beautiful to witness,” the … Continue reading

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

Follow up NY Times Article on ICWA

Here. “I think it means a lot to our foster kids that we’re Cherokee,” said Carney Duncan, a gentle, soft-spoken man whose hair falls below his shoulders. “My mom and dad always helped people and took them in. I have … Continue reading

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Montana Law Review Browning Symposium Issue

Here: Transcript PDF 2018 James R. Browning Symposium Keynote Matthew L.M. Fletcher Articles PDF Sovereign Metaphors in Indian Law Gregory Ablavsky PDF Tribal Nations and Congress’s Power to Define Offences Against the Law of Nations John H. Dossett PDF From … Continue reading

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

Intercept Article on ICWA and the Brackeen Case

Here “Babies don’t get born and run down to the citizenship office and file a petition,” said Matthew Fletcher, director of the Indigenous Law and Policy Center at Michigan State University. When his own child was born, he and his … Continue reading

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