Navajo Nation v. San Juan County Updated Materials

Here:

441 – memorandum decision and order

441 – memorandum decision and order – exA

441 – memorandum decision and order – exB

441 – memorandum decision and order – exC

Article: White Earth Combating the Opioid Epidemic

Great article highlighting the work that the White Earth Nation is doing to combat the opioid epidemic and its impact on the community.

From the article:

“From rescue to long-term sobriety support, White Earth offers some of the best, most evidence-based, most effective, cutting-edge, and compassionate care in the multi-state region,” said Carson Gardner, a doctor with the White Earth Tribal Health Department. “Many of our programs are considered model pilot programs by state agency leaders. White Earth was recently invited to the National Senate Indian Affairs Committee to talk about what we’ve done around opioid treatment. One of the most important things that can happen is to stop being paternalistic and thinking tribes don’t have the capacity or ability to do it best.” . . .

So how are the needs of tribal communities in Minnesota different from non-native communities? “Native Americans in Minnesota have overdose rates five times that of whites,” Dr. Gardner said. “Our people have been in and out of external (non-native) treatment programs unsuccessfully. By operating our own treatment programs we can base curriculum, activities, and way of life on our culture.”

Culture is everything, he added. When treatment programs for Native American people are based on their culture, “you are then getting to the heart of healing. Substance abuse and mental health counseling is treating symptoms, but providing culturally-based ceremonies and activities is healing — and that is where we see the old ‘using’ spirit leaving people, and the good healthy spirit returning in people…”

Tribes face unique challenges, he added: They are dealing with multi-generational historical trauma, including loss of land and independence. They are struggling to preserve historical language, culture, and spirituality. They have to cope with too many untimely deaths, health disparities, and child welfare system disparities, as well as court system sentencing and incarceration disparities, Dr. Gardner said.

The treatment success rate for natives goes up when non-native staff become culturally competent, he added.

That means recognizing that the Anishinaabe way of life is a good way of life and learning about what that means, he said.

“Learn the stories, learn about ceremonies. Recognize that the addiction spirit in people is not the Anishinaabe way,” he said. “Respecting that, honoring it, promoting it.

One of the programs not specifically highlighted in the article, but getting a lot of attention for the success it is having is Maternal Outreach and Mitigation Services (MOMS Program), which is focused on providing holistic services for pregnant women in a supportive environment to deal with the medical and emotional problems caused by addictions to drugs such as prescription opiates and heroin. More information on the MOMS Program can be found here

The full article is available here.

NYTs Profile of Indian Country Voting Rights Litigation

A must read!

Here is “For Native Americans, a ‘Historic Moment’ on the Path to Power at the Ballot Box.”

AALS Indian Nations Panel on 1868 Treaties

John LaVelle, Michalyn Steele, Colette Routel, and Monte Mills

ICWA Pro Hac Vice Rule Open for Comments in Washington

This is so exciting! Kristi Healing, (in-house at Stillaguamish) submitted this pro hac rule change proposal.

Here is the proposed rule in PDF form: WA_Proposed_APR8

Submit comments in support, please!

Unless otherwise noted, all comments should be submitted to the Clerk of the Supreme Court by either U.S. mail or Internet e-mail. Comments may be sent to the following addresses: P.O. Box 40929, Olympia, WA 98504-0929, or supreme@courts.wa.gov. Comments submitted by e-mail may not exceed 1500 words.

Our state by state pro hac page is here. I’m also aware of efforts in two other states that are not yet public for comment.

Colville Member Prevails in B.C.’s High Court on Right to Hunt in Canada

Here’s a news article.  Mr. Desautel prevailed as a descendant of the Sinixt Tribe. Decision is here.

Globe and Mail Article on Indigenous Scholar Val Napoleon

Here.

As a project for Canada’s Truth and Reconciliation Commission, Prof. Napoleon created the Indigenous Law Research Unit – her proudest work to date. It allows Indigenous communities to articulate and restate their law and legal processes – a model that has been taken up across Canada and beyond.

Standing Case out of California (ICWA)

Here

This is a follow up appeal related to an earlier Indian Custodian case. The Court determined the appellant was not an Indian Custodian, and then here tries to determine if he still had standing (he didn’t). Maybe useful for some of the de facto parent language in it.

(Why yes, I am again catching up on the ICWA cases from the holidays. But also the last time there were this many reported ICWA cases in a row was in August.)

Placement Preference Case out of California

Here

It’s not clear from the docket who requested this case be published from Nov. 29, but tribal attorneys should take note of the reasoning in the section regarding the tribal government’s ability to change ICWA’s placement preferences. This is the second time (and state) I’ve heard this reasoning, but the first published opinion. It’s contrary to what I’ve advised in the past, and some tribal practices I’m aware of.

Termination of Parental Rights Decision out of Wisconsin

Here

The Wisconsin Court of Appeals affirmed a termination of parental rights decision under ICWA and WICWA using Adoptive Couple v. Baby Girl (finding abandonment/lack of continued custody by non-Indian father).