Here are the materials in Comanche Nation of Oklahoma v. de la Vega [formerly Zinke, then Bernhardt, and now should be Haaland] (W.D. Okla.):
FBI Releases Data on Missing Indigenous Persons
Here.
Federal Court Dismisses Prisoner Suit Seeking CARES Act Money from Kiowa Tribe
Here are the materials in Strange v. Kiowa Tribe (W.D. Okla.):
Ninth Circuit Says Quiet Part Loud: Open Carry Laws Originated to Kill Indians and Slaves
Here is the opinion in Young v. State of Hawaii. An excerpt:
Some colonies’ issuance of carry requirements—especially to church, public gatherings, and other travel—reflects “adaptation to the realities of colonial life, especially [considering] the ongoing hostile relationship with Native Americans.” Cornell, 80 Law & Contemp. Probs. at 28. In addition to tense relations with Native Americans, southern colonies also feared the possibility of slave uprisings. Id
page 60, note 16.
Oral Argument in Colorado Supreme Court Case [ICWA]
Colorado Gazette article on the case here.
Write up by MSU on the case here
When the Logan County, Colorado Department of Human Services removed two infant twin girls from the custody of their mother, the mother told the department that their father might have Chickasaw heritage. The department sent notice to the Chickasaw Nation, which responded that the children were eligible for citizenship and sent the necessary tribal citizenship forms to the department.
The Chickasaw Nation never got those forms back.To all appearances, the agency simply ignored the notice from the Chickasaw Nation, and the Nation received no communication from the State. The State filed to terminate the mother’s parental rights and only at that point did Logan County disclose to the juvenile court that the children were eligible for enrollment in the Chickasaw Nation.
Maine SCT Orders Exhaustion of Tribal Court Remedies in Land Dispute [Passamaquoddy]
Here is the opinion in Moyant v. Petit:
Tribal briefs from the trial court:
Utah Court of Appeals on Placement Preferences and Active Efforts [ICWA]
And in the last of your published ICWA case updates this morning, here is a case from Utah:
ICWA Inquiry Case from Franklin Co. Ohio
A county with at least one awful case has a much better inquiry decision here. Turns out this is not enough, judges:
[Judge]: The question was posted as to whether or not the
requirements of ICWA had been met and hopefully, someone
has that answer for us.
[FCCS Attorney]: We did locate a log in which intake has asked
[appellant] if she participated with any Cherokee tribal
affiliation or membership. The answer was in the negative. And
then on June 15, 2018, subsequent to the complaint being filed
where [appellant] alleged some kind of Cher — Cherokee – * * *
heritage, [appellant] was put under oath on the record as noted
under [the juvenile court magistrate’s] order and she did state
that she did — was not eligible for membership and therefore,
no ICWA notifications would be required under the law. And at
that point the prosecutor had proceeded on the
adjudication/disposition as those notifications weren’t
required. But we did locate that; that is all in the record.
[Appellant] was put under oath again on June 15, 2018 and all
of that testimony is on the Court’s record. Thank you.[Judge]: Thank you. Not being familiar with the whole ICWA
process, I trust that satisfies everyone’s concerns in regard to
ICWA?[Appellant’s counsel]: Yes, Your Honor.
[Judge]: Very good then.
Pretty rare to be ok with admitting you just don’t know how to apply/aren’t familiar with a 40 year old law.
As such proper inquiry was not made here, we expressly make no
determination as to whether the juvenile court knows or has reason to know pursuant to 25
C.F.R. 23.107(c). We also expressly make no determination as to whether the children are
Indian children as defined in 25 U.S.C. 1903. Nevertheless, given the potential for
invalidation of a custody determination, we sustain the third assignment of error
United States v. Cooley Oral Argument
Here.
Background materials here.
Elizabeth Reese’s preview of the case “Tribal police drag messy Indian sovereignty cases back to the court.”
Update: Transcript.
Colorado Court of Appeals Case re. Membership v. Enrollment [ICWA]
I get this question a lot and have had many discussions about it recently, so I know there are some specific attorneys out there who will be interested in this case:
“As a matter of first impression in Colorado, a division of the court of appeals holds that a child’s membership in a tribe, even absent eligibility for enrollment, is sufficient for a child to be an Indian child under the Indian Child Welfare Act.”
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