ICWA

Tennessee COA Dismisses ICWA Appeal as Interlocutory, but Notes that Existing Indian Family Exception is NOT THE LAW

Matthew L.M. Fletcher

Here is the opinion in In re Epik W.:

OpinionDownload

The EIF excerpt:

In remanding the case, however, we would be remiss if we did not call the Juvenile Court’s attention to the shared agreement that both the Department and the Tribe have in this appeal regarding the Existing Indian Family Doctrine, which was the doctrinal basis upon which the Juvenile Court rejected the ICWA and denied the request for transfer. Indeed, in response to the Tribe’s general advocacy on appeal concerning the invalidity of the Existing Indian Family Doctrine, the Department has specifically disclaimed the vitality of the doctrine, arguing, as we previously noted, that federal regulations “foreclose reliance” on it. Although we have little doubt that the parties still disagree on other issues relevant to a decision to transfer this matter to the tribal court, the shared agreement between the Tribe and the Department regarding the Existing Indian Family Doctrine strongly counsels in favor of the Juvenile Court revisiting the transfer request (as the doctrine was its sole cited basis for denial).

There is only one public brief available, but it’s relevant:

Tribal Opposition to Motion to DismissDownload

Publication: Performance Standards for Attorneys who Represent Tribal Governments in State ICWA Proceedings

Kate Fort

From California Tribal Families Coalition (supported by Casey Family Programs), but not limited to California practice. This is a much-needed practice publication–a small part of which will be presented tomorrow at the federal ICWA training. Next week there is a full training using these standards at the TICA conference in Santa Barbara.

2023.7.6 Perf Standards For Attorneys Representing Tribes -FINAL

Alaska SCT Decides Cross-Border Jurisdictional Dispute over Indian Child

Matthew L.M. Fletcher

Here is the opinion in O’Brien v. Delaplain:

OpinionDownload

ICWA Webinar Series: The Indian Child Welfare Act and the Role of Tribal and State Attorneys, October 8, 2024, 2:00 – 3:45 pm EDT

Matthew L.M. Fletcher

National Indian Country Training Initiative Online Training Announcement

Title: ICWA Webinar Series: The Indian Child Welfare Act and the Role of Tribal and State Attorneys

Date: October 8, 2024, 2:00 – 3:45 pm EDT

 

Register Here: https://usao.webex.com/weblink/register/r07e72e3d5222b35a4d9c7b80a47fc4f7

Registration deadline: October 4, 2024

Non-DOJ applicants will receive notification of their application status by: October 7, 2024

The Indian Child Welfare Act (ICWA) provides minimum Federal standards for the removal of Indian children from their families and placement in foster and adoptive homes. Tribal and State attorneys play important roles in advancing the protections of ICWA.  This webinar is the fourth in a multipart series concerning the application of ICWA in State courts and the role of Tribal courts in cases involving ICWA. Kate Fort, a nationally recognized expert on ICWA will discuss the implications of ICWA in representing Tribes and States in child welfare cases. Topics will include transfer, state agreements, and many other important topics. CLE has been requested.

There is no tuition charge for this training.

If you have any questions, please contact Heather Cumper at heather.cumper@usdoj.gov or Leslie A. Hagen at leslie.hagen3@usdoj.gov.

Vermont Law Review Symposium Panel on the Indian Child Welfare Act, Today @ Noon

Matthew L.M. Fletcher

Link to YouTube livestream here. Panelists are Lauren van Schilfgaard and Fletcher.

Hosted by the Vermont Law Review, this symposium will focus on legal challenges and innovative solutions to protect our most vulnerable population: children. It will be held as a four-part lunch series beginning on Thursday, September 19.

The first installment will focus on the Indian Child Welfare Act (ICWA). The discussion will explore the impact of recent Supreme Court decisions on ICWA and its long-term implications for Native American children and tribal sovereignty.

If you’re unable to join us in person on the VLGS campus, a livestream will also be available. You can access the livestream via the button below or by clicking here.

2024 Michigan Supreme Court Candidates and ICWA

Matthew L.M. Fletcher

Michigan judicial campaigns are down-ballot and nonpartisan but sometimes candidates reveal their ideological biases.

One Michigan Supreme Court candidate is a Republican member of the Michigan House of Representatives who recently made a speech in opposition to an amendment to the Michigan Indian Family Preservation Act. This candidate believes the Indian Child Welfare Act is unconstitutional because two members of the United States Supreme Court dissented in Haaland v. Brackeen. Dissents are not the law. He also made material misrepresentations about tribal membership rules and how the state law best interests of the child standard works in ICWA cases.

The other Michigan Supreme Court candidate has expressed her commitment to the rule of law. We like her lots.

Incidentally, the MIFPA amendment passed and is now law.

Alaska SCT Affirms ICWA Tribal Court Transfer over Foster Parents’ Objection

Matthew L.M. Fletcher

Here is the opinion in Rosalind M. v. State of Alaska:

sp-7718.pdfDownload

Arizona COA Issues ICWA Decision . . . And Its Not Great

Matthew L.M. Fletcher

Here is the opinion in In re Guardianship of A.K.

California SCT Issues Two Opinions Ordering Conditional Reversal under Cal-ICWA for Failure of the State Agency to Conduct an Adequate Inquiry on Whether the Child is Indian

Matthew L.M. Fletcher

Here is opinion in In re Dezi C.

Available briefs:

Calif Counties Assn Amicus Brief

California Appellate Defense Counsel Amicus Brief

Opening Brief

Reply

Here is the opinion in Kenneth D. that holds an appellate court may not consider postjudgment evidence to determine whether a trial court’s error was harmless.

Available briefs:

Petitioner’s Opening Brief

Answer Brief

Reply