NCJFCJ’s Article on the Family First Prevention Services Act of 2018

Here: NCJFCJ FFPSA In Session Fall 2018 

Originally published in the Fall 2018 edition of the National Council of Juvenile and Family Court Judges’ (NCJFCJ) members-only magazine, In Session. To receive future issues of the magazine, become a member of the NCJFCJ by clicking here.

3rd Edition of ABA Handbook is available

Handbook On Questioning Children: A Linguistic Perspective is available here.

The Handbook, 3rd Edition, applies linguistics to the critical task of communicating accurately with children in the legal system. Pertains to forensic interviewing, testifying, and questioning.

 

Federal Court Individual Indians’ Effort to Access Western Shoshone Judgment

Here are the materials in John v. United States (D. Nev.):

14 Amended Complaint

35 Plaintiffs MSJ

37 Defendants MSJ

39 Plaintiffs Reply

41 Defendants Reply

42 DCT Order

Federal Court Rejects Individual Indian’s Effort to Block Pipeline

Here are the materials in Northern Natural Gas Company v. 80 Acres of Land in Thurston County, Neb. (D. Neb.):

51 Soloman MTD

53 Northern MSJ

56 Northern Opposition to 51

57 Northern Reply

58 DCt Order

Prior post here.

National Indian Law Library Bulletin (10/24/2018)

Here:

The National Indian Law Library added new content to the Indian Law Bulletins on 10/24/18.

U.S. Supreme Court Bulletin 
http://www.narf.org/nill/bulletins/sct/2018-2019update.html
Petition for certiorari was denied in:
Citizen Potawatomi Nation v. Oklahoma (Arbitration and Award)

Law Review & Bar Journal Bulletin (contact us if you need help finding a copy of an article) 
https://www.narf.org/nill/bulletins/lawreviews/2018.html

  • Frankly my dear, I don’t want a dam: Refocusing dam removal priorities to protect endangered salmon now. 
  • The shifting landscape of ancestral lands: Tribal gathering of traditional plants in national parks.
  • Taking it to the bank: Creating a new constitutional standard and using blue carbon banking to compensate the Miccosukee Tribe for the federal ‘taking’ of their tribal lands. 
  • Seminal choices: The definition of ‘Indian child’ in a time of assisted reproductive techonology. 
  • Historical perspectives & reflections on Matal v. Tam and the future of offensive trademarks. 
  • Tribal renewable energy service companies, part 3. 

Federal Courts Bulletin
https://www.narf.org/nill/bulletins/federal/2018.html
Inter-Tribal Council of Arizona Inc. v. United States  (Federal Fiduciary Duty)
Northern Natural Gas Company v. 80 Acres of Land in Thurston County  (Rights-of-Way)
Wilhite v. Awe Kualawaache Care Center  (Tribal Sovereign Immunity) 
Guardado v. State of Nevada (Religious Land Use and Institutionalized Persons Act)

State Courts Bulletin
https://www.narf.org/nill/bulletins/state/2018.html
Matter of L.A.G. (Indian Child Welfare Act – Application of)
Demetria H. v. State (Indian Child Welfare Act – Termination of Parental Rights) 
In re A.S.  (Tribal Customary Adoption) 

News Bulletin
https://www.narf.org/nill/bulletins/news/currentnews.html
In the Intergovernmental section, we feature an article relating to increased support for tribal policing.

U.S. Legislation Bulletin 
https://www.narf.org/nill/bulletins/legislation/115_uslegislation.html 
The following bills were added:
H.R.7034: Kickapoo Tribe in Kansas Water Rights Settlement Agreement Act.
H.R.7075: Native American and Native Hawaiian Cultural Heritage Protection Act of 2018.

Regulatory Bulletin
http://www.narf.org/nill/bulletins/regulatory/2018.html
We feature a notice of the US Commission on Civil Rights Alaska Advisory Committee meeting.

New piece on the cultural and social effects of tribal extractive development

Carla Fredericks, Kate Finn, Erica Gajda, and Jesse Heibel have published “Responsible Resource Development: A Strategic Plan to Consider Social and Cultural Impacts of Tribal Extractive Industry Development” in Harvard Journal of Law & Gender Online. Here.

NAICJA/Casey Tribal Judicial Skills Training

Click here for more information. This training is FREE OF CHARGE with a limited number of travel and lodging scholarships available. Food will be provided. This training is open to JUDGES ONLY.

Date: December 3, 2018

Time: 8:30 AM – 5:00 PM

Location: Kimpton-Rowan Palm Springs, Palm Springs, CA

Register by Friday October 26, 2018: Click Here

For more information please contact Kate Trujillo – Kate@naicja.org

 

NCJFCJ Statement Supporting ICWA

The National Council of Juvenile and Family Court Judges, one of the oldest and largest judicial membership organizations in the country serving an estimated 30,000 professionals in the juvenile and family justice system has released a statement supporting ICWA.

The full statement is available here 

The Honorable John J. Romero, Jr.  President, National Council of Juvenile and Family Court Judges  (bold added by me):

It’s imperative to preserve the rights, culture, connections, and traditions of Indian children and their families. The disproportionate numbers of American Indian and Alaska Native children in our child welfare system persist almost 40 years after ICWA became law. Consequently, the new ICWA rules and regulations enacted in 2016 promote the uniform application of ICWA and to advance and protect Indian children’s best interests.

Our American Indian and Alaska Native children are essential to the security and stability of each tribe. In each ICWA proceeding, the judicial officer and other court professionals should be mindful that children are the heart of the law. Committed uniform application of ICWA and the Regulations will advance and protect the best interests of each child and enhance tribal security and stability.

National Indian Law Bulletin (10/17/2018)

Here:

The National Indian Law Library added new content to the Indian Law Bulletins on 10/17/18.

U.S. Supreme Court Bulletin
http://www.narf.org/nill/bulletins/sct/2018-2019update.html
Petitions for certiorari were denied in:

Citizen Potawatomi Nation v. Oklahoma

Law Review & Bar Journal Bulletin (contact us if you need help finding a copy of an article)
https://www.narf.org/nill/bulletins/lawreviews/2018.html

  • The misuse of history in dismissing Six Nations confederacy land claims.
  • How the Trump administration can inform its Indian land policies in light of historical breakdowns.
  • Welcome to the Mvskoke Resrevation: Murphy v. Royal, criminal jurisdiction, and reservation diminishment in Indian country.
  • Tribal cannabis: Solution to Oklahoma public education underfunding.
  • Murphy v. Royal: Crime and procedure.
  • Tribal rights to groundwater: The case of Agua Caliente.
  • Our sovereignty, patently: A historical perspective on fitting patent rights with state and tribal sovereign immunity.
  • The consitution of our tribal republic.

Federal Courts Bulletin
https://www.narf.org/nill/bulletins/federal/2018.html
Wilson v. Horton’s Towing (Civil Forfeiture)
The Tulalip Tribes and the Consolidated Borough of Quil Ceda Village v. The State of Washington (Fraudulent Banking Practices)
Brackeen v. Zinke (Indian Child Welfare Act)
Shingobee Builders, Inc. v. North Segment Alliance (Tribal Sovereign Immunity)
Winnemucca Indian Colony v. Department of the Interior (Comity; Enrollment; Elections)

State Courts Bulletin
https://www.narf.org/nill/bulletins/state/2018.html
In re E.R. (Jurisdiction)
State v. Roy (Interjurisdictional Rule on Jail Credit)

News Bulletin
https://www.narf.org/nill/bulletins/news/currentnews.html
In the Voting section, we feature articles relating to a court ruling regarding voting rights in North Dakota.

U.S. Legislation Bulletin
https://www.narf.org/nill/bulletins/legislation/115_uslegislation.html
The following bills were added:
S.3568: Rural MOMS Act (See Sec. 3)
S.7034: Kickapoo Tribe in Kansas Water Rights Settlement Agreement Act.

Tribal Courts Bulletin
http://www.narf.org/nill/bulletins/tribal/2018.html
Sherlock v. Navajo Election Administration (Elections – Candidates)

Federal Court Dismisses Trust Breach Action over Phoenix Indian School Land Exchange

Here are the materials in Inter-Tribal Council of Arizona Inc. v. United States (Fed. Cl.):

58 Second Amended Complaint

59 US Motion to Dismiss

62 Response

63 Reply

69 DCT Order