The Pascua Yaqui Development Corporation is seeking candidates who are interested in serving on its Board of Directors. Letters of interest will be taken through November 14, 2019.
MSU AIIS Voices on Campus
AIIS Voices on Campus Lecture Series presents Nakia Parker: “Regarded as an Appendage of His Family: Slavery, Kinship, and the Law in Indian Territory.”
Wednesday, November 6, 12-1pm in Room 345 at MSU Law
Lunch will be provided and all are welcome.
Active Efforts Case out of Montana [ICWA]
Just yesterday, a colleague mentioned an article I wrote a few years ago in the Federal Lawyer about ICWA and military families, and I said, yes, we really need to update that. And today, I read this case:
Father was present at the March 23, 2017 adjudication hearing and stipulated to
adjudication of Child as a YINC and stipulated to the proposed treatment plan.1 At this time, Father was participating in the Veterans’ Treatment Court (VTC). As the Department did not want to duplicate services, the Department agreed that tasks Father successfully completed in VTC would satisfy tasks delineated in his treatment plan.***
Father continued to participate in VTC. Throughout his participation and beyond
his successful graduation from VTC on August 7, 2018, CPS repeatedly reported Father was doing well and did not indicate dissatisfaction with Father’s compliance with his treatment plan or level of engagement with the Department.***
In the permanency plan filed with the court on February 2, 2018, the Department
wrote “the permanency plan for the child is reunification with the birth father once he has completed Veterans Court.” Approximately one month later, the Department abruptly changed course. On March 22, 2018, CPS and his supervisor met with Father to discuss reunification and gave him a letter, advising Father that he needed to step-up his parenting by April 19 or the Department would file for termination. . . . This letter basically advised Father it was time to sink or swim as a parent. Here, over a year into the case, was the first time the Department expressed that Father was not meeting the Department’s expectations in terms of compliance with his treatment plan and engagement with the Department.***
Less than two months later, on September 7, 2018, the Department filed to terminate Father’s parental rights for failure to complete his court-ordered treatment plan.In the accompanying affidavit, CPS listed the following efforts he considered to be active efforts taken by the Department:
(a) Investigation into the current report;
(b) Review of prior reports/investigation;
(c) Interviews with collateral contacts;
(d) Communication with Benefis Labor and Delivery / NICU;
(e) Ongoing Collaboration with placement, [M.D.];
(f) Conducted diligent search to locate extended family;
(g) Ongoing communication with Allen Lanning, counsel for birth father;
(h) Communication with Probation and Parole.Prior to filing the termination petition, there is nothing in the record evidencing the Department had even referred Father to any ancillary services required by the treatment plan—parenting classes, mental health assessment or anger management classes—or assisted father in addressing the transportation, daycare, or housing deficiencies asserted by the Department in its March letter.
In “good” news, the Court held the Department did not accomplish active efforts and reversed the termination order, as it should, because none of those things listed above are active efforts, and frankly are not even reasonable efforts.
Difficult Case out of California [ICWA]
The question of whether Mom could have her child back with his siblings came down to his best interest–which kept him in the guardianship, despite the mom’s sobriety, job, handling a child with cancer, and raising a number of children. The Tribe, fearful of losing contact with the child entirely if they picked a side in the case, supported the mom but also ended up not weighing in on the final decision, instead asking the court to order whoever had the child keep him in contact with the Tribe. But this conclusion from the court is simply heartbreaking. It is not clear the child is related to the guardians, and as such the court equates a biological parent to non-relative foster care in a troublesome way:
We recognize this case was a difficult one for the juvenile court, not least because it was forced to choose between two families, both of whom love minor very much and both of whom may have been able to provide a stable, loving home where he remains connected to his siblings, other relatives, and his tribe. We can only express our hope, as did the juvenile court, that these families can find a way to remain connected in the interest of allowing minor to be loved and cared for by as many people as possible. It is also a difficult case because mother demonstrated her commitment to regaining custody by complying with her case plan, maintaining her sobriety and full employment, and garnering the support of the Department and the Tribe to have minor returned to her care. *** On this record, we perceive no abuse of discretion in the juvenile court’s determination that mother failed to meet her burden to demonstrate return to mother’s custody would be in minor’s best interest.
And no, I don’t entirely understand why the court isn’t using much higher ICWA standards here.
Prisoner Claims against Mescalero Dismissed
Here are the materials in (D.N.M.):
And here are the materials in (D.N.M.):
Federal Claims Court Dismisses 2 of 3 Counts against US in Ute Trust Breach Suit
Here are the materials in (Fed. Cl.):
Related suit here.
Malinda Lowery on Why Columbus Day Is Dying
Here is “Why more places are abandoning Columbus Day in favor of Indigenous Peoples Day.”
The Onion: “‘Hey You, Want To Be A Federal Judge?’ Says Mitch McConnell Pointing To Valet In Heritage Foundation Parking Lot”
Here.
The Onion: “TC Energy Says Keystone Pipeline Failed Due To Protestors Making It Lose Confidence In Itself”
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 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.
Please send all job announcements in this requested format.
Department of Justice
Director, Office of Native American Affairs (C.E.A., A), Sacramento, CA. Under the general direction of the Attorney General and the Chief Deputy to the Attorney General, the incumbent is responsible for the strategic planning, organizing, and policy development for the Office of Native American Affairs (ONAA). Application must be received by Nov. 22, 2019. Please see the job description for more information and to apply.
Confederated Tribes of the Umatilla Indian Reservation
Trainer, Elected Tribal Governance, Pendleton, OR. Proposals or quotes are needed for Trainers to conduct an on-site tribal governance workshop for the elected members of the Board of Trustees, the governing body under the Umatilla Constitution and Bylaws. The one day Workshop is tentatively scheduled for Wednesday, December 11, 2019. Attached is an RFP, workshop agenda and concepts. The first review of proposals or quotes is October 28, and will remain open until filled. For more information about the Umatilla Tribes see visit their website.
Peabody Essex Museum
Mellon Library Native American Fellowship, Salem, MA. Beginning in early 2020, this twelve-month fellowship in the Phillips Library will provide an emerging librarian of Indigenous descent with training and duties comparable to those of an Assistant Librarian. This position will play an integral role in assisting with developing and executing cataloging projects to provide better access to materials related to Indigenous subjects. In addition, the Fellow will support the library’s mission of collecting, stewarding, and providing access to materials and resources. Deadline for application and materials is Friday, November 15, 2019. Please see the job description for more information and how to apply.
The Gila River Indian Community
Protective Services Attorney, AZ. Represent the Community in cases arising under the Indian Child Welfare Act in Arizona and other state courts. The position requires admission to the Arizona State Bar and 3 years of experience as an attorney in child welfare matters. This is a full-time position in Arizona with a base salary of $82,908 and excellent benefits. The position is open until filled. Apply online at here and see the position description for more information.
Oglala Sioux Tribe
In-House Associate Counsel, Pine Ridge, SD. Work for the Oglala Sioux Tribe Council, the Executive Committee, and with the Health and Human Services and Education Standing Committees. Counsel must attend weekly meetings with Committees and attend Tribal Council meetings as assigned. Application closes December 6, 2019. Please see the job description for more information.
The Suquamish Tribe
Forestry Program Manager, Dept. of Natural Resources, Suquamish, WA. The Forestry Program Manager is responsible for the management and oversight of the Forestry Program on the Port Madison Indian Reservation and works directly with the Natural Resources Director in setting priorities and implementing actions. This position is open until filled; applications will be accepted thru November 12, 2019.
Kadiak LLC
Tribal Courts Project Manager, BIA Tribal Courts, Anchorage, AK. The PM manages and coordinates all work, activities, issues, and other contractual obligations relating to this contract and will interface with the Government Contracting Officer (CO), the Contracting Officer’s Representative (COR) and any Task Managers. Please see the job description for more information.
The Agua Caliente Band of Cahuilla Indians
Tribal Court Administrator, Palm Springs, CA. This position offers the opportunity to play a leading role in the initial establishment of the ACBCI Tribal Court System. The TCA will have the responsibility for management and supervision of daily court operations, including development, implementation and maintenance of the case management system, facilities management and security, strategic planning and fiscal activity. Please see the position description for more information.
Pueblo of Laguna
Associate Judge, Pueblo Court, Laguna, NM. Closing date for application submission is October 18, 2019. Please visit the Pueblo of Laguna website for more information and application instructions at www.lagunapueblo-nsn.gov or you can contact the Human Resources office at (505) 552-6654.
Public Defender, Pueblo Court, Laguna, NM. Application is open until filled. Please visit the Pueblo of Laguna website for more information and application instructions at www.lagunapueblo-nsn.gov or you can contact the Human Resources office at (505) 552-6654.
The Cheyenne and Arapaho Tribes
RFP, Associate Judge, Concho, OK. The scope of work includes, but is not limited to handling, presiding over and adjudicating all criminal, civil, juvenile, and traffic cases and litigation as assigned by the Chief Judge or Chief Justice within the jurisdiction of the Cheyenne and Arapaho Court. The full scope of work is included in the description. The closing date for the position is November 29, 2019 at 3pm CST.
The Coquille Indian Tribe
RFP, Chief Judge, North Bend, OR. The Tribe is accepting proposals from qualified attorneys to provide hourly contracted services. The selected candidate would be ineligible for tribal employment fringe benefits. The Tribe anticipates this work will involve up to approximately five or six hours of billable work time per week, excluding travel. This is a three-year appointment, expected to begin on February 1, 2020. The deadline to submit proposals is 5:00 p.m. Pacific, November 15, 2019. Contact Mike Frost at mikefrost@coquilletribe.org with questions.
See posts from October 25, 2019.
Turtle Talk 
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