Join us for the virtual ILPC/TICA Conference

Anishinaabewaki, East Lansing, MI—When COVID-19 created an atmosphere of uncertainty for conference and training programs in 2020, the Tribal In-House Counsel Association and the Indigenous Law and Policy Center responded. The pressures of many new conditions placed on tribal in-house counsel attorneys prompted us to host the webinar series known as QuaranTICA. QuaranTICA covered issues such as tribal court closures and child welfare concerns while also bringing insight, updates, and as always, good humor to issues affecting tribal attorneys. Now, we are back for more!

The 2020 Indigenous Law Conference will be hosted as a webinar for the first time ever. The date has also changed to accommodate this new format.

The important message here is: it is TICA time!

With some familiar faces and other speakers who are new to our virtual stage, join us November 10, 12, and 13, 2020 to hear follow-up discussions about child welfare and social services, COVID-19 related litigation, quarantine issues and their enforcement, and remote oral arguments. Stay tuned for new panels on voting rights and the McGirt decision. Plus, it isn’t TICA without a reception! We are delighted to host live music from across Turtle Island on the evening of the opening day of the conference—November 10th.

You can find all conference details including registration, the agenda at a glance, and sponsorship tiers at www.indigenouslawconference.com. Just like every year, the Indigenous Law Conference is the time to renew your TICA membership, which is included in the registration fee. The conference is free for law students who register with their current law school email.

Check the website to register. Prior to the event, you will receive a password to the Indigenous Law Conference Participant Portal where the Zoom links will be available.

The conference consists of 6 panels, each 1.5 hours long, and is approved for 9 CLE credits through the Minnesota State Board of Continuing Legal Education.

This year’s conference art is “I Will Show You The Stars” by Emily Courtney.
Visit www.indigenouslawconference.com to learn about the artist.

Vice: How Parents are Pressured to Give up their Children for Adoption

I did not talk to this reporter, but it feels like a word for word account of my classroom lecture on this issue:

Here

The explicit coercion of that era gave way to domestic adoption industry we have today—which is regulated by an inconsistent patchwork of state laws, unlike the federal regulations applied to international and foster care adoptions. And gradually, demand grew: By the mid-70s, increased access to birth control and legalized abortion and lessening stigma of single parenthood plummeted the supply of healthy white babies. In 2014, approximately 18,000 infants were placed for domestic adoption. In 2017, the CEO of the National Council for Adoption estimated that around one million families are trying to adopt at any given time in the U.S.

I have yet to find a replacement for the type of research the Donaldson Institute did–sadly it wound down operations a couple of years ago.

“Black Families Matter” -Marty Guggenheim in the Chronicle for Social Change on Ending ASFA

Here.

These statements, however, have thus far only been focused on the need to change the means by which we exercise the police power in this country. It is, perhaps, too easy for child welfare organizations to attack a problem they have not played a significant role in creating. But these same groups have not yet turned their eyes inward to ask whether and how the system they helped build is also deeply shaped by racism.

This is a moment that also must focus on how we exercise the parens patriae power in this country (the power of the state to protect the vulnerable). This starts with a major overhaul of the Adoption and Safe Families Act, often referred to by its initials ASFA, which was signed into law in 1997.

With certain exceptions that states too often ignore, ASFA requires that child welfare agencies seek to terminate the parental rights of children whenever they have been in foster for 15 of the most recent 22 months. Courts are instructed to terminate parental rights unless the parent can show that the conditions that led to the removal initially no longer exist. The law has been responsible for the massive destruction of black and brown families. More than 2 million children’s parents’ rights have been terminated by American courts since ASFA was enacted.

This is not about the intentions of those who developed the system we have. It is about listening to the people it harms. It is an unpleasant truth that many of the organizations whose collective voice is condemning racist police practices now have for decades celebrated the approach enshrined in law by ASFA, some by explicitly celebrating adoption and others using the euphemism “permanency.”

QuaranTICA COVID and Child Welfare Panel

Today:

Kate Fort, ILPC; Annette Nickel, Pokagon Band of Potawatomi Indians, Jade White, Saint Regis Mohawk Tribe, Tamera Begay, Puyallup Tribe of Indians.

QuaranTICAChildWelfareSocialServices

I’m awfully biased, but I thought it was a great panel, and a much needed good talk with some really amazing women today.

CB Letter to State and Tribal Leaders Regarding Families First and Kinship Funding

Child-Welfare-Leader-letter-on-Kinship-Nav-and-Transition-Grant-flexibilities-002

The Family First Transition Act authorized and appropriated $500 million for this new one-time grant to assist with implementation of FFPSA and other child welfare activities. The funding is available to all states, territories and tribes approved to receive grants * * * in light of the current public health emergency and the increased burdens facing child welfare agencies, the Children’s Bureau has determined that we will not require a separate application for this funding. Instead, the Administration for Children and Families (ACF) will proceed to make awards to all eligible grantees as soon as possible. Acceptance of the grant by the agency will indicate its agreement to provide required programmatic and financial reports.

Kevin S. Settlement Agreement Involving New Mexico Child Welfare and Includes ICWA

Here

Indian Child Welfare Act
  • A State ICWA law that mirrors and expands upon the federal version and that will be drafted with the Administrative Office of the Courts and with New Mexico Tribes and Pueblos
  • Processes and procedures to promote traditional interventions as first-line interventions and services, developed with the input of New Mexico’s Tribes and Pueblos
  • Federal funding for traditional and culturally responsive treatments, interventions, and supports, including non-medicalized interventions
  • A plan to increase recruitment and retention of Native resource families
  • A policy to provide or ensure provision of direct assistance for traditional ceremonies, including arranging for all preparation and providing payment if needed, if Native Children want to participate

Cool Pro Hac Update from Ho-Chunk Nation

HCN has updated their own tribal rules of civil procedure to allow for a pro hac waiver in tribal court for child welfare cases:

(C) Counsel not admitted to practice before the Ho-Chunk Nation Courts, but seeking to appear on behalf of a federally recognized Indian tribe in a proceeding regarding a petition for guardianship or for child protection over a child who is a member of that tribe, or eligible for membership in that tribe, shall be permitted to appear without paying any fee. Counsel representing an Indian tribe in such a matter shall also be permitted to make their appearance without filing a motion for special appearance, provided that, at that appearance, said counsel states on the record that they are admitted to practice in another state, federal, or tribal jurisdiction; that they have been in actual practice for two or more years, and takes the oath or affirmation for practice. This rule shall not apply to attorneys who appear on behalf of the Ho-Chunk Nation.

HCN Civ. Pro. R. 16(c)

We’ve updated the pro hac page accordingly.  Obviously these are not ICWA pro hac waivers, but are related and can be used to show comity in this area.