best interests of child

Oral Argument in Colorado Supreme Court Case [ICWA]

ilpc

Here

Colorado Gazette article on the case here.

Write up by MSU on the case here

When the Logan County, Colorado Department of Human Services removed two infant twin girls from the custody of their mother, the mother told the department that their father might have Chickasaw heritage. The department sent notice to the Chickasaw Nation, which responded that the children were eligible for citizenship and sent the necessary tribal citizenship forms to the department.

The Chickasaw Nation never got those forms back.

To all appearances, the agency simply ignored the notice from the Chickasaw Nation, and the Nation received no communication from the State. The State filed to terminate the mother’s parental rights and only at that point did Logan County disclose to the juvenile court that the children were eligible for enrollment in the Chickasaw Nation.

Briefs in Opposition to Nebraska v. Elise M. Cert Petition

Matthew L.M. Fletcher

Here:

Elisa M. Cert Opp

Omaha Tribe Cert Opp

The cert petition is here.

Cert Petition Challenging Nebraska SCT Decision on Good Cause “Exception” to ICWA Tribal Court Transfer Rule

Matthew L.M. Fletcher1 Comment

Here is the petition:

Zylena R v. Elise M. Cert Petition

The questions presented:

(1) Whether ICWA prohibits a state court from considering the “best interests of the child” when determining whether “good cause” exists to deny the transfer of an ongoing child welfare case.
(2) Whether ICWA requires a state court to treat a motion to terminate parental rights as a “new proceeding” for purposes of determining whether “good cause” exists to deny the transfer of an ongoing child welfare case.
Lower court decision here.

Nebraska SCT Overrules Precedent Designed to Avoid Application of ICWA

Matthew L.M. Fletcher1 Comment

Here is the opinion in In re Zylena R.

From the court’s syllabus:

To the extent that In re Interest of C.W. et al., 239 Neb. 817, 479 N.W.2d 105 (1992), permits a state court to consider the best interests of an Indian child in deciding whether there is good cause to deny a motion to transfer a proceeding to tribal court, it is overruled.