Tag Archives: Arkansas Court of Appeals

Another (unpublished) Arkansas ICWA Case Lacking Strong Parent Representation

Here. Another reason for more parent attorney partnerships and training. Matthew noted this happened last September in Arkansas too. From the opinion, it’s not remotely clear the agency notified the Cherokee tribes of dad’s claim here. In addition to the … Continue reading

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

Parent’s Attorney Misunderstands ICWA; Arkansas COA Goes Along With It

Here is the opinion in King v. Arkansas Dept. of Human Services (Ark. Ct. App.): King v Ark DHS Opinion Maybe it’s a little thing, maybe not, but the court allowed an attorney to withdraw from representation, in part, on … Continue reading

Posted in Author: Matthew L.M. Fletcher, ICWA, Research | Tagged , , | 2 Comments

Arkansas COA Decides ICWA Case — ICWA as Best Practices

Here is the opinion: Stevens v Ark Dept of Human Services An excerpt: Even though the child’s father had not produced the ordered evidence of eligibility for Choctaw membership, the trial court utilized the higher evidentiary standard of proof beyond … Continue reading

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

Arkansas Court of Appeals Decides ICWA Notice Case

The court held that the trial court was correct in refusing to comply with the ICWA notice requirement when the father claimed Western Cherokee Nation of Arkansas and Missouri heritage. Here is the opinion in Heard-Masterson v. Arkansas Dept. of … Continue reading

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McMillon v. Lost Cherokee of Arkansas and Missouri, Inc. — Probate Case

Strange little case involving the Lost Cherokee of Arkansas and Missouri, Inc. — here is the opinion, which will be published in the Southwest Reporter. From the majority opinion: This appeal arises from a petition to clarify a will filed … Continue reading

Posted in Author: Matthew L.M. Fletcher, federal recognition, Research | Tagged , , , | 12 Comments