Turtle Talk

Front Pages PDF

Article

How the New Deal Became a Raw Deal for Indian Nations: Justice Stanley Reed and the Tee-Hit-Ton Decision on Indian Title – Kent McNeil PDF

Comments

Keeping Cultural Bias Out of the Courtroom: How ICWA “Qualified Expert Witnesses” Make a Difference – Elizabeth Low PDF

Being Uighur . . . with “Chinese Characteristics”: Analyzing China’s Legal Crusade Against Uighur Identity – Brennan Davis PDF

Notes

United States v. Bryant: The Results of Upholding Women’s Rights and Tribal Sovereignty – Madalynn Martin PDF

What Are the Odds? The Potential for Tribal Control of Sports Gambling After Murphy v. NCAA – Haley Maynard PDF

Special Feature

Thickening the Thin Blue Line in Indian Country: Affirming Tribal Authority to Arrest Non-Indians – Alex Treiger PDF

Inquiry and Notice Case out of California (Published!)[ICWA]

March 17, 2020March 17, 2020Kate Fort

B300468

At the detention hearing, Father said he had Native American Indian heritage, but he was unable to identify the correct tribe. Father believed his heritage was through his paternal grandmother. He provided CWS and the juvenile court with the names of his father and grandmother.

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Father argues CWS failed to comply with ICWA requirements and the juvenile court did not make findings on whether ICWA applied. He contends the court was “not authorized to proceed with foster care placement until ICWA notice has been sent and received.” He is correct.

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Here, CWS had reason to know the children might be Indian children. Accordingly, CWS was required to comply with ICWA notification requirements at least 10 days before the disposition hearing, because the hearing was an involuntary proceeding in which CWS “was seeking to have the temporary placement continue[d].” (Jennifer A., supra, 103 Cal.App.4th at pp. 700-701; 25 U.S.C. § 1912(a).)

This is very different from the reasoning applied by the Washington Court of Appeals here.