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Category Archives: ICWA
Cert Stage Briefing Completed on Carter v. Sweeney (frmly A.D. v. Washburn)[ICWA]
This is otherwise known as the Goldwater litigation, the second federal case filed back in 2015 in Arizona. Documents are here
Posted in Author: Kate E. Fort, Child Welfare, ICWA, Research
Tagged A.D. v. Washburn, Carter v. Sweeney, cert petition, Goldwater Institute, ICWA, Supreme Court
Arizona Court of Appeals Requires Qualified Expert Witness in Guardianships [ICWA]
Here Although ICWA does not explicitly recognize “permanent guardianships,” a comparison of Arizona’s statute for permanent guardianship and ICWA’s definition for a “foster care placement” shows that ICWA applies in permanent guardianships. *** Section 1912(e)’s plain language states that no … Continue reading
Column on Wayne County and ICWA in Chronicle for Social Change
Here Some notes. It’s a federal requirement to inquire about a child’s tribal citizenship regardless of state law. There are eight states with comprehensive state ICWA laws (the article is missing California and Wisconsin), and that doesn’t count states that … Continue reading
Posted in Author: Kate E. Fort, Child Welfare, ICWA
Tagged Chronicle for Social Change, ICWA, inquiry, MIFPA, Wayne County
Fletcher: “Indian Children and the Fifth Amendment”
Forthcoming in the Montana Law Review’s Browning Symposium issue, available at SSRN here. An excerpt: Many of my first memories revolve around my grandmother Laura Mamagona’s apartment in Grand Rapids, Michigan. She shared the apartment with my uncle Crockett, who was … Continue reading
Transfer to Tribal Court [ICWA] Decision out of New York
Opinion here The child’s attorney opposed the transfer, and the appellate court supported the decision of the Family Court to transfer to the tribe.
Oglala Sioux Tribe v. Fleming Cert Petition
Here: cert petition Questions presented: 1. Whether the Eighth Circuit erred in holding, in conflict with decisions of this Court and three other courts of appeals, that the possibility of filing a separate mandamus action was in and of itself … Continue reading
Qualified Expert Witness Case from Alaska [ICWA]
Eva H. v. State of Alaska This is a case worth reading in its entirety for the discussion of the qualifications of the QEW but also the discussion of the testimony supporting the casual connection between the parents’ behavior and … Continue reading
Posted in Author: Kate E. Fort, Child Welfare, ICWA, Research
Tagged Alaska Supreme Court, Eva H. v. State of Alaska, ICWA, qualified expert witness
ICWA Op-Ed in the WaPo and Editorial in the Austin American Statesman
Wapo: Native children benefit from knowing their heritage. Why attack a system that helps them? Austin American Statesman: Paxton should stop playing politics with adoptive families
Posted in Author: Kate E. Fort, Child Welfare, ICWA
Tagged Austin American Statesman, Brackeen v. Bernhardt, ICWA, Washington Post
Brackeen Oral Argument Audio
Here. Briefs and materials here.
Adoption and Foster Care Analysis and Reporting System (AFCARS) Notice of Proposed Rule Making. Again.
Here. We cannot currently track on a national level in any way how ICWA works, where children who are involved in ICWA cases are placed, what their outcomes are, or how many cases are transferred to tribal court, as examples. … Continue reading →