ICWA

The Alabama-Coushatta Tribe of Texas is hosting its Third Judicial Symposium on April 25, 2013

Matthew Campbell

The Agenda is attached.  The focus of the Symposium is on strengthening and healing children, families, and the community through tribal-state collaboration.  There is no fee for this event.

Like a beautiful Alabama-Coushatta basket,

All things are woven together like a story, with love and prayers.

We are but one strand, but together we are the intricate weave of all generations.

Whatever we do to others, we do to ourselves.

Traditional wisdom, along with tears, laughter and peace, fill the basket;

Connecting all generations in the spirit of respect and unity.

 

~ Sr. Peacemaker, OtheldaJean Williams ~ 2013

In re LNP, Guardianship and ICWA

Kate Fort

Wyoming Supreme Court decision.

Multiple ICWA issues, including applying ICWA to permanent guardianships, the shift from a temporary guardianship to a full or “plenary” guardianship, the requirements of a qualified expert witness, the ability of guardians to provide active efforts, and even a little existing Indian family doctrine in the qualifying of the expert witness.

Opening Briefs in Baby Veronica Case

Matthew L.M. Fletcher2 Comments

Here (thanks to NARF/NILL):

Opening Brief for Petitioners Adoptive Couple

Opening Brief for Respondent GAL Supporting Reversal

NPR on ICWA in South Dakota

Kate Fort2 Comments

From tonight’s All Things Considered: here.

This week, officials from the Crow Creek Sioux Nation and seven other tribes in the state sent an extensive report to Congress accusing South Dakota of systematically violating the federal Indian Child Welfare Act. The federal law says that, with some exceptions, if the state removes a Native American child, the state must place that child with relatives, tribal members or other Native Americans.

The report, which the officials wrote with the help of the nonprofit Lakota People’s Law Project, concludes that in many instances the state does not have the authority to remove native children from tribal land. When the state does have that authority, through a tribal court order or tribal council agreement, the report says the state is failing to place the majority of those children according to the law.

NICWA to Host Webinar on Adoptive Couple v. Baby Girl

Matthew L.M. Fletcher

Date: Wednesday, February 13, 2013
Time: 11 a.m. Pacific / 2 p.m. Eastern
Presenter: Adrian Smith, JD, MSW, NICWA government affairs associate

The U.S. Supreme Court will soon hear the case Adoptive Couple v. Baby Girl, a South Carolina adoption case involving the Indian Child Welfare Act. This high profile and emotionally charged case has garnered significant attention in the past year. Oral arguments are expected to occur in late April, and a decision announced shortly thereafter.

The National Indian Child Welfare Association will host a webinar for those interested in learning:

  • What are the background and facts of the case?
  • What are the questions before the U.S. Supreme Court?
  • What possible implications will this case have on Indian Country?
  • What is being done nationally in preparation for this hearing?

This free webinar is open to all. Register here.

Hat tip to NILL’s blog.

SCAO Training on the Michigan Indian Family Preservation Act, March 8

Kate Fort

Information here (pdf).
Okemos Conference Center 2187 University Park Dr. Okemos, MI 48864
9:15-10:00 a.m.
Registration
10:00-11:00 a.m.
Healing From History: A Historical Context of ICWA and MIFPA Legislation
Hon. Allie Greenleaf Maldonado, Chief Judge, Little Traverse Bay Band of Odawa Indians
11:00 a.m.-Noon
Putting the “Act” Into Action: Exploring ICWA and MIFPA Compliance Through Interactive Case Scenarios
Annette D. Nickel, Prosecutor/Presenting Officer, Pokagon Band of Potawatomi Indians
Noon-1:00 p.m.
Lunch
1:00-2:00 p.m.
Case Scenarios, Cont’d.
2:00-2:15 p.m.
Break
2:15-3:00 p.m.
Lessons Learned: An Open Dialogue About Implementation, Practice, and Frequently Asked Questions
3:00-4:00 p.m.
Legislation and Collaboration: Building Blocks to Healthy Tribal – State Relationships
Hon. Timothy P. Connors, Judge, Washtenaw County Circuit Court

NPR: South Dakota Tribal ICW Directors’ Studies on State’s Incredible Lack of Compliance with the Indian Child Welfare Act

Matthew L.M. Fletcher1 Comment

Here, via Pechanga.

An excerpt:

South Dakota’s Indian Child Welfare Act (ICWA) directors have issued two reports to Congress: “Reviewing the Facts: An Assessment of the Accuracy of NPR’s ‘Native Foster Care – Lost Children, Shattered Families,’” and “Is South Dakota Over-Prescribing Drugs to Native American Foster Kids?” The first of these reports cites evidence that South Dakota’s Department of Social Services (DSS) is placing 87% of Indian children into non-Indian homes or group care, even while anywhere from 20-43% of licensed Native American foster homes in the state sit empty. This, according to the authors of the report, is in clear violation of the federal ICWA law which requires states to keep Native foster children with their extended families and tribes whenever possible. The study also affirms NPR’s assessment that the state’s ICWA violations are partly motivated by the tens of millions of federal dollars that South Dakota receives for placements of Native children each year.

NYTs on Lack of Indian Foster Families

Matthew L.M. Fletcher

Here.

NYTs Room for Debate on Baby Veronica Case

Matthew L.M. Fletcher1 Comment

Here.

The debaters:

Kevin Noble Maillard

Terry Cross

Solangel Maldonado

Matthew L.M. Fletcher

Joan Hollinger

Marcia Zug

Megan Lindsey

National Council of Juvenile and Family Court Judges Bulletin to Improve Compliance with ICWA

Adrea Korthase1 Comment

Here