Turtle Talk

This is a really interesting opinion, and balances a lot of interests. The issue of how to get a child who is both eligible for tribal membership and in foster care leads to a lot of questions about who gets to make the decision of enrollment. The agency has technical decision making authority for the children, but may choose to not enroll the children–as they did in this case–thus denying the application of ICWA (and a whole host of other citizenship related benefits and responsibilities). It may even mean the child can never be members, since some tribes don’t allow adults over the age of 18 to enroll. The Colorado Court of Appeals has just decided that the Court must make the final decision in those cases about whether a child should be enrolled or not.

In this case, mom told the agency the dad had Chickasaw heritage. This was enough for the agency to send notice to the Tribe. The Tribe responded that both the dad and the children were eligible for membership in the tribe, send membership applications, and asked the agency to assist the parents in enrolling the children.

The agency did NOT enroll the children, and did NOT tell the court of the Tribe’s response. The court only became aware of the response in the petition for termination. The court found ICWA did not apply, and terminated mom’s rights. The Court of Appeals determined that was not appropriate, and has created the process of an “enrollment hearing,” where the agency must deposit the Tribe’s request for enrollment with the court, and then the court must have a hearing–

Thus, once the response from the tribe has been deposited
with the juvenile court as set forth in Part II.B, we conclude that the
court must set the matter for a hearing to determine whether it is in
the best interests of the children to enroll them in the tribe. See
People in Interest of L.B., 254 P.3d 1203, 1208 (Colo. App. 2004) (A
juvenile court “must conduct a hearing to determine the proper
disposition best serving the interests of the child.”).

¶ 23 Of course, at an enrollment hearing, as at any other hearing in
a dependency and neglect proceeding, the court must give primary
consideration to the children’s best interests. See K.D., 139 P.3d at
698; C.S., 83 P.3d at 640.

¶ 24 And, in determining the children’s best interests, the juvenile
court must hear and consider the positions of the parents, as well
as the department and the guardian ad litem (GAL), all of whom
have standing, as relevant here, to speak to the merits of the tribe’s
enrollment request.

Though everyone can be heard, the court goes on to say,

Thus, at an enrollment hearing, the juvenile court should not
treat an objection, even from a parent, as a veto. On the contrary,
any reason for objection must be compelling considering ICWA’s
intent to maintain or foster the children’s connection with their
tribal culture.

Of course, the Tribe sent that letter requesting assistance enrolling the children in October of … 2018. Which means, of course, the twins who were a month old in May, 2018 are now two years old, never had any ICWA protections, and will now have their case go back to the trial court for a membership determination and a re-do of their child welfare case.

June 4 QuranTICA: Oral Arguments Remotely! What Could Go Wrong?!

May 31, 2020May 29, 2020Monica Williamson

QuaranTICAPanelDescriptions2

More information at turtletalk.blog/2020ilpctica/.

June 3 QuaranTICA: Quarantine Issues and Their Enforcement

May 30, 2020May 29, 2020Monica Williamson

QuaranTICAPanelDescriptions3

More information at turtletalk.blog/2020ilpctica/.

National Indian Law Library Bulletin (5/28/2020)

May 30, 2020Matthew L.M. Fletcher

Here:

We have scoured the web. Here are some of the latest materials related to Indian Law. Find all of the latest updates at narf.org/nill/bulletins/

U.S. Supreme Court Bulletin
http://www.narf.org/nill/bulletins/sct/2019-2020update.html
Petition for certiorari was filed in one case on 5/14/20:
Rogers County Board of Tax Roll Corrections, et al. v. Video Gaming Technologies, Inc.(Indian Gaming Regulatory Act)
and denied in another case on 5/26/20:
Noem v. Flandreau Santee Sioux Tribe (Indian Gaming)

Federal Courts Bulletin
https://www.narf.org/nill/bulletins/federal/2020.html

United States v. Unzueta (Indian Status)
Citizens for Clean Energy and the Northern Cheyenne Tribe v. Department of the Interior (Federal Coal Leases)
Grand Canyon Trust v. Provencio (Uranium Mining; Cultural Resources)
Holy v. Department of Interior (Tribal Constitutions)
Gila River Indian Community v. Cranford (Reserved Water Rights)

State Courts Bulletin
https://www.narf.org/nill/bulletins/state/2020.html
Pamela J. v. Department of Child Safety, T.C., J.C., Navajo Nation (Indian Child Welfare Act)

U.S. Legislation – 116th Congress Bulletin
https://narf.org/nill/bulletins/legislation/116_uslegislation.html

S.Res.591 – A resolution promoting minority health awareness and supporting the goals and ideals of National Minority Health Month in April 2020, which include bringing attention to the health disparities faced by minority populations of the United States such as American Indians, Alaska Natives, Asian Americans, African Americans, Hispanics, and Native Hawaiians or other Pacific Islanders.

Law Review & Bar Journal Bulletin (contact us if you need help finding a copy of an article)
https://www.narf.org/nill/bulletins/lawreviews/2020.html

Ending the interminable gap in Indian Country water quality protection.
The Louisiana Purchase: Indian and American sovereignty in the Missouri Watershed.

News Bulletin
https://www.narf.org/nill/bulletins/news/currentnews.html
This week, in brief:

‘We are thrilled’: Flandreau Santee Sioux Tribe hails victory for sovereignty
Project to implement the United Nations Declaration on the Rights of Indigenous Peoples in the United States
Quinault Indian Nation comments on Chehalis River Dam Project
Montana court temporarily blocks Montana law that restricts Native American voting rights
Opinion: Wado to Cherokee foster parents
The Sioux man ’empowering’ Standing Rock with solar power
Navajo Technical University to develop environmental engineering program
Tribal leaders share relief funding challenges
Montana Democrats seek more Natives in local elections
Fewer polling places present challenges for Native voters
‘Powwow Pop Art’ and perseverance

June 2 QuaranTICA: COVID-19 Related Litigation

May 29, 2020May 29, 2020Monica Williamson

More information at turtletalk.blog/2020ilpctica/.

Friday Job Announcements

May 29, 2020Monica Williamson

To post an open Indian law or leadership job to Turtle Talk, send the following information 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,
- closing date,
- and any other pertinent details such as links to application;
An attached PDF job announcement.

Navajo Nation Department of Justice

RFP – Special Investigation. Window Rock, Navajo Nation (AZ). Under the direction of the Navajo Nation Attorney General or her designee, the Attorneys, as independent contractors, will provide legal services to the Navajo Nation Office of the Attorney General in connection with Special Investigation and related litigation matters involving the legal interests of the Navajo Nation. Proposals are due Monday, June 8, 2020 at 5 p.m. MDT. For more information please see the request.

RFP – Public Safety. Provide legal services for the Navajo Nation Department of Public Safety (NNDPS) in connection with the Navajo Nation Criminal Code, Title 17, P.L. 93-638 contracts, Federal Tort Claims Act, and applicable laws and policies. Specifically, the Contractor will assist the NNDPS with transactional services. Proposals due June 8, 2020. For more information please see the description.

RFP – Construction. Provide legal services to the Navajo Nation Office of the Attorney General in connection with Construction matters. The ideal candidate will have worked drafting and reviewing construction, engineering, and architectural contracts, including AIAs and EJCDC contracts. They will be familiar with the Navajo’s Procurement Act & Regulations, Business Opportunity Act, and tax laws. They will also be familiar with New Mexico’s capital outlay process. Proposals due Friday, June 12, 2020 at 5 p.m. MDT. For more information please see the description.

Confederated Tribes of the Umatilla Indian Reservation

Tribal Attorney, Pendleton, OR. The CTUIR seeks a Tribal Attorney assigned to represent and advise the CTUIR in its NAHASDA, low-come tax credit and other home ownership, development and advising supported by related funding sources. The location is nestled near the Umatilla River, at the base of the beautiful Blue Mountains, and experiences all four seasons common to the Columbia River Basin and has easy access to the Umatilla and Wallowa-Whitman Forests. Many employees easily commute from Walla Walla, Kennewick, or live locally in Pendleton. Apply here. For more information, please see the position description. The position is open until filled.

Society for the Advancement of Chicanos/Hispanics and Native Americans in Science

Executive Director, Santa Cruz, CA. The main duties for this role are outlined in the position profile. The main core competencies that we are using to evaluate all candidates are: Alignment with Mission and Values, Collaborative and Visionary Leadership, Change Management, Fundraising Expertise, Board Relations, Communications and Relationship Building, and Business Acumen. We go into greater detail in the attached PDF. There is not a specific closing date for this position. Apply here.

Big Fire Law and Policy Group LLP

Litigation Attorney, Omaha, NE. The right candidate will have the opportunity to 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. For more information please see the position description. Closing date is 6/30/2020.

See posts from May 23, 2020.