Children’s Bureau Guidance on IV-E Findings/Child Welfare During the Pandemic

Reposting (I’ve received this from a lot of people since I put it up a week ago). This is the Children’s Bureau’s guidance on how to handle child welfare hearings–specifically the IV-E requirements–during the pandemic. It also includes other guidance related to Court Improvement Programs and issues around children and their attorneys.

Finally, re. Friday’s post about Michigan’s new visitation policy suspending visitation, this guidance says:

CB is also aware of instances where judges have issued blanket orders suspending or drastically reducing family time (visitation) between children in foster care and parents, sometimes indefinitely. Family time is important for child and parent well-being, as well as for efforts toward reunification. Family time is especially important during times of crisis. CB strongly discourages the issuance of blanket orders that are not specific to each child and family that suspend family time; doing so is contrary to the well-being and best interest of children, may contribute to additional child trauma, and may impede the likelihood of reunification.

Covid-19.Child.Legal and Judicial Letter_Signed (002)

I’ve also added it to the Child Welfare COVID-19 page.

Ninth Circuit Briefs in Yocha Dehe Wintun Nation v. Newsom


Opening Brief

Tribal Amicus Brief

Answer Brief


Lower court materials here.

MHA Nation Allottees Motion to Certify Class in Trespass Action against Pipeline

Here is the motion in Hall v. Tesoro High Plains Gas Co. LLC (D.N.D.):

49 Motion to Certify Class

Prior post here.

Friday Job Announcements

Any posts for an open Indian law or leadership job received prior to 12pm EST on Friday will appear in that week’s announcement, when the following information is sent to

  1. In the email body, a typed brief description of the position which includes
    • position title,
    • location (city, state),
    • main duties,
    • closing date,
    • and any other pertinent details such as links to application;
  2. An attached PDF job announcement.

Please send all job announcements in this requested format. For examples, see the job announcements below.

Big Fire Law and Policy Group LLP

Litigation Attorney, Omaha, Nebraska. Work on cases in a variety of areas including constitutional law, environmental law, real estate, employment, tax issues, corporate/business matters, and complex federal, state and tribal court litigation at both trial and appellate levels. The application closes 4/30/2020. For more information, please see the position description.

The Northern California Tribal Court Coalition (NCTCC)

Request for Qualifications. Seeking proposals from qualified professionals to serve as an Appellate Judge on contract through the NCTCC on an as-needed basis.  NCTCC is a 501(c)(3) nonprofit organization that is a collaboration of Tribal Courts in Northern California, namely those of the Bear River Band of Rohnerville Rancheria, Hoopa Valley Tribe, the Karuk Tribe, the Tolowa Dee-ni’ Nation, the Yurok Tribe and the Trinidad Rancheria. The RFQ is due April 23, 2020. Please see the attachment for more information.

Alaska Legal Services Corporation

Native Law Staff Attorney, Bethel, Alaska. This position provides direct representation to Association of Village Council Presidents (“AVCP”) member Tribes. The attorney represents tribal clients in state court Child in Need of Aid proceedings related to the Indian Child Welfare Act in collaboration with AVCP advocates, and advocates on behalf of the Tribe for their youth and families. The attorney will have the opportunity to participate in impact litigation, and provide advice and support to tribes on issues related to child welfare. See attached job description, or visit online for more information. Resume, writing sample, and references should be sent to  Posting remains open until position filled. 

Swanson, Drobnick & Tousey, P.C.

Associate Attorney, Woodbury, MN.  The Associate Attorney will represent individuals, businesses and tribes in a wide variety of legal matters, including family law, criminal, child protection, business and governance, and may travel throughout Minnesota and Wisconsin to meet the needs of our clients. The position is open until filled. Submit cover letter and resume to Heidi A. Drobnick at Writing samples and references will be requested on a case-by-case basis.

Federal Reserve Bank of Minneapolis

Project Manager, Community Development & Engagement, Helena, MT. Please see the position description for more information or visit online. Application is open until filled. Must submit resume and cover letter.

See posts from March 27, 2020.

Fifth Circuit Agains Rejects Ysleta del Sur Pueblo Gaming Effort

Here is the opinion in State of Texas v. Ysleta del Sur Pueblo.


Pueblo Brief

Alabama-Coushatta Tribe Amicus Brief

Texas Brief


Lower court materials here and here.