Category Archives: ICWA

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

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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

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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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AFCARS Comments Due June 18

Here are the previous posts on the Adoption and Foster Care Analysis and Reporting System. These comments are to tell the federal government (AGAIN) to start collecting basic data on state ICWA cases. While we would like the original rule … Continue reading

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NYT on ICWA and the Brackeen Case

Here

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Transfer to Tribal Court Case from Colorado [ICWA]

Here is a case that continues to demonstrate the importance of ensuring a state ICWA law allows transfer of cases post-termination. Navajo Nation intervened and appealed the decision to deny transfer (and to move the children back to the former, … Continue reading

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Active Efforts and Transfer to Tribal Court Case out of Maine [ICWA]

Here. This is a difficult case, but the opinion does a nice job of outlining how a state and Tribe can work together in a state court ICWA case to provide active efforts when reunification with the father would be … Continue reading

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American Indian Children and the Law: Cases and Materials out this Summer

The casebook that had to be rewritten twice in the past four years is finally being published. It should be available in a few weeks, along with a teacher’s manual. If you are interested in a review copy, let me … Continue reading

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