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 essentially impossible (based on the facts provided). The Court also correctly identifies legal standards involved with the father’s attempt to transfer the case to tribal court.

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 know or request a review copy here. I posted the Table of Contents today.

 

2018 Annual ICWA Case Law Update

Here you go!

SCOTUS Denies Cert in Four Indian Law Matters (Miccosukee + Jim, ICWA, and Comanche)

Here is Tuesday’s order list.

The materials in the Miccosukee petitions are here.

The page on the ICWA case is here.

The Comanche materials are here.

Supreme Court Denies Cert in Carter v. Washburn (Sweeney) [ICWA Class Action]

Here is the order. Here is the case page.

This should be the end of this litigation (the original 2015 “Goldwater case”), as the Ninth Circuit vacated and remanded the case below to have it dismissed as moot.

Notice Case out of Alabama [ICWA]

Here.

Sometimes even I am struck dumb by the notice cases:

A second form, dated in 2017 and signed by C.L.B., was also introduced into evidence. C.L.B. testified that his mother had assisted him in completing the 2017 form. On the 2017 form, C.L.B. listed Cherokee and “Ojibwa-(Chippewa)” as the tribes in which he, B.E.B., or one of B.E.B.’s paternal grandparents might have membership.

Star Pope testified that, at the direction of C.L.B., she had inquired of the paternal grandmother of B.E.B. regarding with which tribes C.L.B.’s family might be affiliated. She testified that the paternal grandmother of B.E.B. had informed her that C.L.B. was not affiliated with the Cherokee or Sioux tribes but that she had identified the Chippewa or Ojibwe tribe as a possibility. Pope testified that she had contacted authorities in several different states and that she had eventually been directed to a central location to which, she said, she had mailed a letter requesting information concerning whether B.E.B. would be recognized as an Indian child or have benefits under the ICWA. DHR introduced into evidence a letter dated May 4, 2016, that had been mailed to the ICWA representative from the Chippewa Indians of Mackinac, Michigan . . .

DHR also introduced a letter from the Bay Mills Indian Community dated May 19, 2016, in response to an inquiry from DHR; that letter indicated that B.E.B. was not eligible for membership in the Bay Mills Indian Community.

 

AFCARS ICWA Data Elements Tribal Consultation

Here is the information on the June 3 tribal consultation on the Adoption and Foster Care Analysis and Reporting System. Comments are due June 18.

2019 ICWA Agents for Notice

Here

This year’s version appears to correct the mistakes in the 2018 list. That means it is even more important to share this year’s list of agents for notice.

2018 ICWA Case Update PowerPoint

I get this request a lot, so here is a pdf of a PowerPoint with detailed citations and information for 2018/annual TICA update. If you need a PPT copy, let me know.