Here:
AFCARS Final Rule Has Been Released
This rule finalizes revisions to the Adoption and Foster Care Analysis and Reporting System (AFCARS) regulations proposed on February 23, 2024. This final rule requires state title IV-E agencies to collect and report to ACF additional data related to the Indian Child Welfare Act of 1978 (ICWA) for children in the AFCARS Out-of-Home Care Reporting Population.
As you may recall, there was a rule promulgated in 2016 which was almost immediately withdrawn and replaced with a 2020 rule. It has taken another four years for the Biden administration to issue this rule. Regardless, if this rule holds, in three years all states will be required to collect ICWA data in state court cases.
ALI-CLE on “Business on Native Lands: Tribal Jurisdiction over Non-Member Enterprises” @ Dec. 11, Noon
Here.
Business on Native Lands: Tribal Jurisdiction Over Non-Member Enterprises
December 11 | 12:00 – 1:00 p.m. ET
The coupon code FLETCHWEB will bring the price from $199 to $29.
Why You Should Attend
The scope of tribal jurisdiction over non-member business activities is a pivotal issue in contemporary law, as federal and state courts continue to define the limits of tribal authority. This webcast examines recent case law developments that may influence the regulatory and adjudicative authority of tribes over non-member enterprises.
If you do business with or on Indian Country, join us to explore how these rulings affect tribal sovereignty, economic development, and the relationships between tribal, federal, and state governments.
What You Will Learn
Whether you represent tribes, businesses, or government entities, this program offers essential guidance on this vital and developing area of law, including:
The foundational legal principles governing tribal jurisdiction over non-member business activities.
Analysis of recent federal and state court opinions shaping tribal authority.
Practical implications for businesses operating on tribal lands or engaging with tribal governments.
The interplay between tribal sovereignty and regulatory frameworks in non-tribal jurisdictions.
Attendees will be equipped with the tools to address complex jurisdictional questions confidently and effectively, ensuring compliance and fostering constructive relationships between tribes and non-member businesses.
Register today! Questions submitted during the program will be answered live by the faculty and all registrants will receive a set of downloadable course materials to accompany the program.
Who Should Attend
This course is ideal for attorneys practicing in areas intersecting with Native American law, particularly those involved in commercial litigation, land use, regulatory compliance, or business operations in Indian Country. It is also highly valuable for tribal legal counsel, public officials, and policymakers navigating the challenges of tribal jurisdiction. Educators seeking to deepen their understanding of these critical legal issues will also benefit greatly.
Oklahoma Court of Criminal Appeals Enables Tulsa to Prosecute Indians
New York Appellate Division Allows Suit against Shinnecock Officials and Enjoins Billboard Construction
Tribal Amicus Brief in Nessel v. Enbridge [Mich. Cir. Ct.]
Montana SCT Rejects Municipality’s Claim to Reimbursement for PL280 Costs from State
Here are the materials in Lake County v. State of Montana:
Dispositive Pleadings in Kansas Federal Court Suit against Prairie Band Potawatomi Police
Here are the materials so far in Musick v. Prairie Band Potawatomi Nation (D. Kan.):
States with ICWA Pro Hac Vice Waivers
Late last month, Montana adopted a new rule allowing out of state attorneys to practice in ICWA cases and waiving certain requirements. This brings the total number of states with these kind of waivers to twelve (that I am aware of). If your state doesn’t have one of these, it’s a pretty straight forward rule to advocate for. If your state does have one of these, check in with practitioners to see if they are able to access your electronic filing system once they waive in. Or work on forms regarding appeals so intervened tribes are aware when appeals involving ICWA are filed by parents.
Anyway, great job everyone. Next year it will be ten years since Nebraska included the right in their state ICWA and nine years since we passed the rule in Michigan. These rules make a huge difference for tribal attorneys and ensures their state bar license remains safe while fully representing their tribal client in ICWA cases.
Turtle Talk 
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