Here is the unpublished opinion in State v. Ziegler (Minn. Ct. App.):
Research
Reason to Know Decision from Washington Court of Appeals [ICWA]
Here.
ICWA and WICWA require a court conducting a 72-hour shelter care hearing to inquire whether the child is or may be an Indian child. A court substantially complies with that requirement if prior to the hearing the Department has begun a good faith investigation into the child’s Indian status, the parties elicit the relevant evidence during the hearing, and the court considers that evidence before ruling on shelter care.
Ok, sounds good.
The reason-to-know standard turns on evidence that the child is a tribal member, or the child is eligible for tribal membership and a biological parent is a tribal member. If there is a reason to know a child is or may be an Indian child, then ICWA and WICWA require the court to treat the child as an Indian child pending a conclusive membership determination by a tribe. A parent’s mere assertion of Indian heritage absent other evidence is not enough to establish a reason to know a child is or may be an Indian child. Because the Department’s good faith investigation before the shelter care hearing did not reveal evidence that a parent or a child was a tribal member, the court did not err in concluding that there was no reason to know the children were Indian children based on the evidence available at the time of the shelter care hearing, Of course, the Department has an obligation to continue its investigation before proceeding to a dependency or termination hearing.
Oohkay. Then what did the investigation reveal?
The investigation revealed that the mother was eligible in the Central Council of Tlingit and Haida, where her mother is enrolled, the Klawock Cooperative Association, and that father was potentially eligible at Umatilla. This was not just the parent’s assertion (which frankly, given the specificity, should be enough*)–this included the testimony of the social worker who called Central Council. It turns out what this Court means by reason to know is actual evidence of membership:
Because the Department’s good faith investigation before the shelter care hearing did not reveal evidence that a parent or a child was a tribal member,
The children were removed on June 27. The first hearing (shelter care) took place on July 2-3. At that point, the state social worker had called Central Council and knew grandma was enrolled, but not mom. She then testified that “to her knowledge”, dad was not enrolled, but there is nothing in the opinion on how she would know that. The social worker then testifies it was possible the children were eligible for enrollment. But then, the court’s shelter care order states there is “not a reason to know” the children are Indian children. When Central Council intervenes in the case on July 30, the Court then decided there was reason to know (well, yes, because then we all know).
Everyone knows (ahem) that three-five days is not enough time for a full notice as required by the law (by mail, return receipt requested). Those of us who do this work ALSO know it may take a tribe longer than that to determine membership. The purpose of the Regs (to treat potential/reason to know Indian children as Indian children until determined otherwise) was to ensure those children were treated as Indian children until membership is all sorted out. The Washington Court of Appeals manages to do the opposite–equating “reason to know” with just plain old “know”. Why does this all matter? The legal standard applied at the shelter care hearing:
Specifically, the information before the court at the shelter care hearing as a
result of the Department’s good faith investigation did not establish a reason to know Z.G. and M.G. were Indian children. Because there was no reason to know,
the normal serious threat of substantial harm standard applied at the shelter care hearing.
Unless a Tribe responds the parent is absolutely a member at that first phone call from the state (not even legally required notice), or the parent happens to have legal evidence of membership on him or her, Washington will claim there is no reason to know, and apply a lower burden of proof than the emergency standard required by ICWA under 1922.
*I decided not to rant about why the parent’s testimony isn’t enough/why parents in court aren’t listened to, but imagine I did.
Now Is The Time! ILPC/TICA Indigenous Law Conference Sponsorship Opportunities Are Here!
Last year, our generous sponsors helped us successfully meet our fundraising goal for the 2018 Indigenous Law Conference!
We hope to do the same this year, but we need your help once again. TICA’s 2019 fundraising goal page will be regularly updated. You can find the sponsorship form here.
Join us October 10-11, 2019 on the banks of the Red Cedar! Visit the 2019 Indigenous Law Conference event page for information and to register for the conference.
HCN: “San Juan County ends legal fight against Voting Rights Act decision”
Jemez Pueblo Loses Claim to Valles Caldera National Preserve
Here are (some of) the materials in Pueblo of Jemez v. United States (D. N.M.):
An excerpt:
THIS MATTER comes before the Court on the Court’s Sealed Memorandum Opinion, Findings of Fact, Conclusions of Law, and Order, filed August 31, 2019 (Doc. 398). In the Sealed Memorandum Opinion, Findings of Fact, Conclusions of Law, and Order, the Court: (i) concludes that Plaintiff Pueblo of Jemez does not have the exclusive right to use, occupy, and possess the lands that encompass the Valles Caldera National Preserve; (ii) quiets title to the Valles Caldera National Preserve in Defendant United States of America; (iii) dismisses the case with prejudice; and (iv) directs the parties to D.N.M.LR-Civ. 54, should they seek to recover any attorney’s fees and costs. See Sealed Memorandum Opinion, Findings of Fact, Conclusions of Law, and Order at 498. Having disposed of all claims and parties before the Court in this case, the Court now enters Final Judgment. [emphasis added]
Our extensive prior posts are here.
19th Annual California Indian Law Conference
The 19th Annual California Indian Law Conference will be held on October 3-4, 2019 at the Graton Resort and Casino. Room rates expire on Tuesday, September 3. Please see the announcement for more information!
California Indian Law Association Honorees Announced
GEORGE FORMAN, CHRISTINA SNIDER HONORED FOR ACHIEVEMENTS IN INDIAN LAW
ROHNERT PARK, CA – The California Indian Law Association (CILA) is proud to announce that George Forman is the 2019 recipient of CILA’s Outstanding Achievement in Indian Law Award and Christina Snider is the 2019 recipient of CILA’s inaugural Outstanding Young Attorney Award.
CILA’s Outstanding Achievement in Indian Law Award honors one legal professional annually who has made significant contributions to California Indian law. Previous recipients of this award include Dorothy Alther, Executive Director of California Indian Legal Services and Carole Goldberg, Distinguished Research Professor at UCLA School of Law. CILA’s inaugural Outstanding Young Attorney Award recognizes one attorney in practice for ten years or less who exemplifies high achievement, innovation, leadership, and service. Christina is the first recipient of this award.
“George Forman has worked tirelessly for Indian Country for half a century. His landmark work on behalf of my Tribe and all Tribes has defined the landscape of Indian law in the state. Not only is he an Indian law legend, George also takes the time to mentor young Natives, including myself, that are interested in attending law school. This is a well-deserved honor,” said Loretta Miranda, Vice President of the CILA Board of Directors.
“CILA chose Christina Snider as its inaugural Outstanding Young Attorney Award winner because she exemplifies the best of what young Native attorneys are accomplishing across the state. Christina’s innovative and tireless advocacy throughout her young career has left a lasting impact on her clients and state policy,” said Geneva E.B. Thompson, President of the CILA Board of Directors.
George and Christina will be honored at the CILA Gala on October 3, 2019 at the 19th Annual California Indian Law Conference at Graton Resort and Casino in Rohnert Park, California.
George Forman
George Forman, a 1967 graduate of the University of California at Berkeley, and a 1970 graduate of Berkeley Law, began his Indian law experience with California Indian Legal Services (CILS) in 1969 as a summer law clerk in the Escondido office, after which he opened the Ukiah Office, then came to the Berkeley and then the Oakland office. In 1985, George entered full-time private practice and in 1996, along with Patricia A. Prochaska, founded Forman & Prochaska in San Rafael, California.
George taught Indian law for ten years as an Adjunct Professor at U.C.’s Hastings College of the Law in San Francisco, and has been a presenter at the annual conferences of the Environmental Law Section of the California State Bar, several conferences of the California District Attorneys’ Association, Indian Financing Conferences, the Earl Warren Inns of Court in Oakland, meetings of various tribal organizations and trade associations, and in state and federal legislative hearings, where he has shared his knowledge of jurisdiction in Indian country, tribal government gaming and other related issues.
In February 2006, George began practice as the principal in Forman & Associates, Attorneys at Law, in San Rafael, California, where he currently has two associate partners. George has been solely or principally responsible for such landmark Indian law decisions as, Santa Rosa Band of Indians v. Kings County, 532 F.2d 655 (9th Cir. 1975) (held that P.L. 280 did not grant land use jurisdiction to States or Counties); Segundo v. City of Rancho Mirage, 813 F.2d 1387 (9th Cir. 1987) (held that City has no jurisdiction to control rents in mobile home park operated by non-Indians on leased allotted trust lands).
Mr. Forman has and continues to represent countless California tribal clients. This year, George celebrates his fiftieth year representing the Morongo Band of Mission Indians.
Christina Snider
Christina Snider, of Healdsburg, CA, serves as the Governor’s Tribal Advisor and executive secretary to the Native American Heritage Commission. Governor Brown established the position of Governor’s Tribal Advisor by executive order to bolster communication and collaboration between California state government and Native American Tribes. Christina as served in this position since February 2018. Snider is a member of the Dry Creek Rancheria Band of Pomo Indians and has served as an Indian Child Welfare Act representative for the Tribe since 2017. She was of counsel at Ceiba Legal LLP from 2016 to 2017, staff attorney at the National Congress of American Indians from 2015 to 2016, a legal fellow at the Wishtoyo Foundation in 2014 and a law clerk in the Office of Tribal Justice at the U.S. Department of Justice in 2012.
About CILA: The California Indian Law Association, Inc. (“CILA”) is a 501(c)(3) non-profit charitable organization dedicated to serving as a strong representative of the Indian law profession in tribal communities across California. The 19th Annual California Indian Law Gala will be held from 6 p.m. to 8 p.m. on Thursday, Oct 3, 2019, followed by the 19th Annual California Indian Law Conference from 8:00 a.m. to 5:00 p.m. on Friday, Oct. 4, 2019, at the Graton Resort & Casino in Rohnert Park, California. For the full agenda and details visit the CILA website: www.calindianlaw.org.
Released: August 27, 2019.
Yakama Nation Official Press Release in Confederated Tribes and Bands of the Yakama Nation v. Klickitat County et al.
On August 28, 2019, the Confederated Tribes and Bands of the Yakama Nation released a press release in this litigation. Please see the press release here.
Friday Job Announcements
If you sent in a job announcement but do not see it here, then please read our recent post about the requirements for Turtle Talk Friday Job Announcements. Thank you for your understanding!
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 indigenous@law.msu.edu:
- In the email body, a typed brief description of the position which includes position title, location (city, state), main duties, and closing date;
- An attached PDF job announcement.
Please send all job announcements in this requested format.
Homer Law Chartered
Entry Level Attorney, Washington D.C. Homer Law Chartered is a Washington, D.C.-based law firm with an immediate opening for a full-time, entry-level attorney. Our firm’s client base is comprised primarily of American Indian and Alaska Native tribal governments, enterprises, and organizations with a focus on gaming, economic development, Indian lands, governance, and administrative law. The ideal candidate will have experience working in Indian Country and an understanding of issues that affect the tribal governments and/or a strong financial or accounting background. The successful candidate will be a member of the DC Bar or will be awaiting results from the July 2019 sitting of the DC Bar.
To apply, please provide the following materials via email at aedwards@homerlaw.com: A one-page resume, a one-page letter of interest, and a recent unedited writing sample. Applications will be accepted until the position is filled. Salary to be determined upon offer of position based on experience.
Tohono O’Odham Nation
Assistant Attorney General, Sells, A.Z. The Office of Attorney General represents the Tohono O’odham Nation in litigation and other legal matters. The Office is still accepting applications for Attorneys with at least 6 years of experience to fill an Assistant Attorney General position. Specific areas of need for the Office of Attorney General are healthcare law and contracts but we are open to those with other experience. Please see the announcement for more information.
Pueblo of Laguna
Associate Prosecutor, Dept: Pueblo Court / Prosecutor’s Office. Application open until filled.
Court Prosecutor, Dept: Pueblo Court / Prosecutor’s Office. Application open until filled.
Associate Judge, Dept: Pueblo Court. Closing date for application is August 1, 2019.
Public Defender , Dept: Pueblo Court. Closing date for application is August 23, 2019.
For more information and application instructions at visit the Pueblo of Laguna website or you can contact the Human Resources office at (505) 552-6654.
Navajo Nation Office of Legislative Counsel
Attorney, Window Rock, A.Z. The Navajo Nation Office of Legislative Counsel seeks an Attorney under the direction of the Chief Legislative Counsel. Duties include providing legal advice and legal representation to entities of the Legislative Branch, the Navajo Nation Council, its standing committees, boards and commissions involving various areas of law. Work with other attorneys of the Office under supervision of a Principal Attorney and the general direction of the Chief Legislative Counsel. Knowledge of legal principles as well as Indian law, Navajo Nation laws, Navajo Nation Government and legislative processes in general required. Applicant must be a graduate of an accredited law school possess a Juris Doctorate, and be willing to be State Bar licensed in either AZ, NM, or UT as well as the Navajo Nation Bar within one year of employment. Please see the announcement for more information.
St. Croix Chippewa Indians of Wisconsin
Guardian ad Litem, Hertel, W.I. Main duties for this position include representing the best interest of the child in St. Croix Tribal Court, investigating and determining the needs of children and youth petitioned into the court system, monitoring and reporting on the welfare of the child and communicate the child’s wishes to the court. Applications are open until filled. Please see the announcement for more information.
Picayune Rancheria of Chukchansi Indians
Tribal In-House Attorney, Oakhurst, C.A. The tribal attorney serves as an in-house legal advisor, representative, and counselor. Ensures the adherence to applicable laws to protect and enhance tribal sovereignty, to avoid or prevent expensive legal disputes and litigation, and to protect the legal interests of the Picayune Rancheria of Chukchansi Indians (PRCI) tribal government. Maintains confidentiality of all privileged information. Applications are open until filled. Please see the announcement for more information.
Brooklyn Legal Services
Brooklyn Legal Services, in Brooklyn, N.Y. is hiring for the following positions:
Staff Attorney for Tenant Rights Coalition
Staff Attorney Foreclosure Unit
Director of Family/ Domestic Violence Unit
Please see the announcements for more information.
Department of Interior, Office of the Solicitor
Attorney-Adviser, Sacramento, C.A. The incumbent will support for the Bureau of Indian Affairs, Pacific Region, which includes a Regional Office and four Agencies that serve 105 federally recognized Indian Tribes throughout California, or nearly one-fifth of 573 federally recognized tribes in the United States. The incumbent will handle a complex and heavy volume of work involving the entire range of Indian law matters. Areas of practice include, but are not limited to Indian law, administrative law, natural resources and public land law, environmental law, energy and mining law, water law, and contracts. Statutes that the incumbent must be familiar with include, but are not limited to, laws concerning Indians and Tribes, Administrative Procedure Act, National Environmental Policy Act, Endangered Species Act, National Historic Preservation Act, Clean Air Act, Clean Water Act, Freedom of Information Act, and Privacy Act. The incumbent must also be able to interpret and provide advice related to the various regulations implementing the above statutes. Applications close on September 12, 2019. Please see the website for more information.
Hoopa Valley Tribe
Senior Tribal Attorney, Hoopa, C.A. A federally recognized Indian Tribe located in Hoopa, California, seeks an Attorney to fill the position of Senior Tribal Attorney. The successful candidate will serve in the Office of Tribal Attorney under the supervision of the Hoopa Valley Tribal Council and Tribal Chairman. Provides a wide range of legal services to the Hoopa Valley Tribe, including without limitation advice, negotiation, drafting, research,
lobbying, representation in litigation and administrative proceedings and
other duties as assigned by the Council. CONTRACTUAL, SALARY: DOE.
POSITION IS OPEN UNTIL FILLED.
Submit application, cover letter, resume and writing sample to:
Human Resources Department
Hoopa Valley Tribe
P.O. Box 218
Hoopa, CA 95546
Or call 530-625-9200 Ext. 11 or 20
Email submission: liz@hoopainsurance.com.
Prairie Island Indian Community
RFP for Economic Development, Welch, M.N. The Prairie Island Indian Community is a federally-recognized Indian tribe (the “Tribe”), located in southeastern Minnesota along the banks of the Mississippi River, approximately 30 miles from the Twin Cities of Minneapolis and St. Paul. The Tribe is seeking proposals from qualified professionals to provide consultation related to economic development and diversification. Applications close on September 14, 2019. Please see the announcement for more information.
Morongo Band of Mission Indians
2019-2020 Academic Extern, Banning, CA. Seeking 1-2 legal externs per semester to work with the Morongo Legal Department. Externs will have the opportunity to work on a diverse set of legal issues, including employment, taxation, ICWA, ordinance development, energy development, education, tribal court work, and more. Must be a current 2L-4L and be able to commit to 20-40 hours per week on-site. Position is unpaid and requires the extern to receive school credit. Applications will be reviewed on a rolling basis for both fall and spring semesters.
Confederated Tribes of the Colville Reservation
The Confederated Tribes of the Colville Reservation in Nespelem, W.A. are hiring for the following positions:
Deputy Prosecutor; Colville Tribal Court representing Criminal, MINOC, Range Impoundment, Natural Resources Enforcement and civil infraction hearings, Wellness court, and appellate cases before the Colville Tribal Court of Appeals. Renewable 3 yr. contract position with a full benefits package. This position is open till filled with weekly reviews.
Managing Atty Public Defender; Colville Tribal Court and Court of Appeals, representing Tribal Members in criminal matters. Renewable 3 yr. contract position with a full benefits package. This position is open till filled with weekly reviews.
Staff Attorney; CCT Legal Office providing legal services to Tribal Members. Renewable 3 yr. contract position with a full benefits package. This position is open till filled with weekly reviews.
Please visit and apply at colvilletribes.com.
See posts from Friday, August 23, 2019.
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