Tag Archives: Arizona Court of Appeals

Termination of Parental Rights Case out of Arizona [ICPC]

This case is not an ICWA case, but for those who work in this area, it is a familiar fact pattern, and one of the rare times the appellate court overturned the TPR based on lack of evidence. In addition, … Continue reading

Posted in Author: Kate E. Fort, Child Welfare | Tagged , , , , ,

Arizona Court of Appeals Requires Qualified Expert Witness in Guardianships [ICWA]

Here Although ICWA does not explicitly recognize “permanent guardianships,” a comparison of Arizona’s statute for permanent guardianship and ICWA’s definition for a “foster care placement” shows that ICWA applies in permanent guardianships. *** Section 1912(e)’s plain language states that no … Continue reading

Posted in Author: Kate E. Fort, Child Welfare, ICWA | Tagged , , , , ,

Arizona Appellate Court Enforces Tribal Court Attorney Fees Award

Here is the unpublished opinion in Chemehuevi Indian Tribe v. Mullally: 1 ca-cv 18-0175

Posted in Author: Matthew L.M. Fletcher, Research, tribal courts | Tagged , , ,

Arizona COA Restores Hopi Suit against Arizona Snowbowl

It’s was a month ago, but here goes: 1 CA-CV 16-0521 Hopi v. AZ Snowbowl Thanks to D.C. for sending this along. Briefs here.

Posted in Author: Matthew L.M. Fletcher, cultural resources, Environmental, Research | Tagged , ,

Arizona COA Affirms Hualapai Official Immunity from Contract Damages Suit

Here is the unpublished opinion in WD at the Canyon v. Honga.

Posted in Author: Matthew L.M. Fletcher, economic development, Research, sovereign immunity | Tagged , , ,

Arizona Court of Appeals Briefs in Hopi Tribe v. City of Flagstaff

Here: Hopi Opening Brief Flagstaff Brief Hopi Reply Prior posts here.

Posted in Author: Matthew L.M. Fletcher, cultural resources, Environmental, Research | Tagged , , | 1 Comment

Arizona Court of Appeals ICWA Notice Case

Here. I always find it useful when parts of the transcript make it into the appellate court decision: During her direct examination at trial, Mother testified as follows: Q. You advised me earlier that you are affiliated with the Sioux … Continue reading

Posted in Research | Tagged , , , , | 1 Comment

Cert Petition Filed in ICWA Case out of Arizona

Here is the petition in S.S. v. The Colorado River Indian Tribes. Goldwater has filed cert on an Arizona Court of Appeals case the Arizona Supreme Court refused to review. Here is the Court of Appeals case. Sorry for the … Continue reading

Posted in Author: Kate E. Fort, Child Welfare, ICWA | Tagged , , , ,

Transfer to Tribal Court Case out of the Arizona Court of Appeals

Here. This decision from last Thursday highlights the 1911(b) explicit transfer provision, which allows for foster care and termination proceedings to be transferred, but is silent on pre-adoptive or adoptive proceedings. The final footnote may provide some guidance in the … Continue reading

Posted in Uncategorized | Tagged , , , , | 3 Comments

Burden of Proof ICWA Case Out of Arizona Court of Appeals

Here. Based on these authorities, we are persuaded that the heightened standard of “clear and convincing” evidence should apply when Arizona courts decide whether good cause exists to deviate from ICWA foster or adoptive placement preferences. Because it is unclear what standard of … Continue reading

Posted in Author: Kate E. Fort, Child Welfare, ICWA | Tagged , , ,