ICWA – Page 89 – Turtle Talk

Federal officials met with South Dakota’s nine Sioux tribes on Wednesday for a historic summit in Rapid City. A year in the making, it was an effort to address long standing concerns over the high number of Native American children the state places in white foster homes. State officials, however, didn’t show up for the meeting.

ICT’s Baby Veronica Series, Part II

May 15, 2013Kate Fort

Another article in this excellent series.

Here.

“The birth mother knew I was Cherokee, she knew I was a tribal member, she knew my birth date and she knew how to spell my name,” said Brown matter-of-factly. “Look, we’ve known each other since we were 16. We were engaged. She absolutely knew all of my vital information. And she gave [the attorney and the tribe] the wrong information [hoping to keep the adoption secret].”

Colorado COA Affirms Refusal to Transfer ICWA Case to Tribal Court (Sault Tribe)

May 10, 2013Matthew L.M. Fletcher

Here is the opinion in In re T.E.R.

An excerpt:

In July 2012, mother moved to transfer jurisdiction to tribal court. The Department and the guardian ad litem (GAL) opposed the motion, arguing that good cause existed to deny the transfer because the case was at an advanced stage, and the case could not be adequately presented in the tribal court without undue hardship to the parties or the witnesses. The Tribe took no position.

Montana SCT Decides ICWA Active Efforts Case

May 7, 2013May 7, 2013Matthew L.M. Fletcher

Here is the opinion in In re D.S.B.

The briefs:

Appellant brief

Appellee brief

Reply brief

ICT’s Baby Veronica Coverage: The Brown Family Perspective

May 6, 2013Kate Fort1 Comment

Here.

This much is clear: If one did not know that this small family was at the center of one of the most important Indian law cases in the last 30 years, the Browns would seem like any other family at 6 o’clock in America. Two tired parents, a three-year-old with endless energy, dinner on the stove, dogs yapping, geese squawking and a house in the middle of remodeling. In military-speak, they are squared away.

Oglala Sioux Tribe Seeks Class Certification in ICWA Suit against South Dakota Judges

May 6, 2013June 4, 2013Matthew L.M. Fletcher3 Comments

Here is the brief:

OST Motion for Class Certification

OST Reply re Class Certification

Complaint is here.

MSNBC: Contextualizing the Indian Child Welfare Act

May 1, 2013May 1, 2013Matthew L.M. Fletcher

Here.

Featuring NCAI Executive Director, Jacqueline Pata.

Cert Petition Challenging Nebraska SCT Decision on Good Cause “Exception” to ICWA Tribal Court Transfer Rule

April 29, 2013Matthew L.M. Fletcher1 Comment

Here is the petition:

Zylena R v. Elise M. Cert Petition

The questions presented:

(1) Whether ICWA prohibits a state court from considering the “best interests of the child” when determining whether “good cause” exists to deny the transfer of an ongoing child welfare case.

(2) Whether ICWA requires a state court to treat a motion to terminate parental rights as a “new proceeding” for purposes of determining whether “good cause” exists to deny the transfer of an ongoing child welfare case.

Lower court decision here.

Arkansas COA Decides ICWA Case — ICWA as Best Practices

April 22, 2013Matthew L.M. Fletcher

Here is the opinion:

Stevens v Ark Dept of Human Services

An excerpt:

Even though the child’s father had not produced the ordered evidence of eligibility for Choctaw membership, the trial court utilized the higher evidentiary standard of proof beyond a reasonable doubt, which is required under the Indian Child Welfare Act, 25 U.S.C. §§ 1901 to 1963 (2010). The trial court found that DHS had used reasonable and active efforts to rehabilitate Kayla and prevent the dissolution of an Indian family; that DHS had complied with ICWA requirements; and that DHS had demonstrated the likeliness of serious emotional harm if returned to the parent. In addition, the trial court found that J.S. was adoptable and that termination was in her best interest.