Active Efforts Case out of the Colorado Supreme Court

I did not realize how far behind I was on these. Here is a case from the end of June on active efforts from the Colorado Supreme Court.


To be honest, this case holding is one that most, if not all, states have come to agreement on either in case law, state law, or state policy.

The court concludes that ICWA’s “active efforts” is a heightened standard requiring a greater degree of engagement by agencies like DHS with Native American families compared to the traditional “reasonable efforts” standard.

Ninth Circuit Briefs in Grondal v. United States [21-35507]


Wapato Heritage Opening Brief

Federal Answer Brief

Colville Answer Brief

Wapato Reply

Related decision [20-35694] from the CA9 here.

Ninth Circuit Decides Grondal v. United States [20-35694]


An excerpt:

The panel affirmed the district court’s grant of the Bureau of Indian Affairs’ motion for summary judgment and ejectment order in an action brought by a group of recreational vehicle owners seeking to retain their rights to remain on a lakeside RV park located on American Indian land held in trust by the Bureau.

Briefs here.

Ninth Circuit Materials in Grondal v. United States


Appellant Brief

Wapato Heritage Brief

Federal Answer Brief

Colville Tribe Answer Brief


Lower court materials here.

Oral argument video:


Trespassers to Colville Lands Owe $1.4M in Back Rent

Here are the materials in Grondal v. United States (E.D. Wash.) after trial:

674 Plaintiffs Trial Brief

676 US Trial Brief

694 DCT Findings of Fact and Conclusions of Law

Prior post here.

Federal Court Dismisses ICRA Habeas Petition Challenging Enhanced Sentence under TLOA

Here are the materials in Picard v. Colville Tribal Correction Facility (E.D. Wash.):

1 Habeas Petition

15 Answer

15-5 Colville Appellate Court Opinion

21 DCT Order

Federal Court Dismisses Remaining Claims of Wapato Heritage in Colville Leasing Matter

Here are the materials in Grondal v. United States (E.D. Wash.):

275 Colville Motion to Dismiss

570 US Motion to Dismiss

571 Colville Supplemental Brief re 275

572 Wapato Motion for Partial Summary J

577 Wapato Response to 275

588 Colville Reply in Support of 275

589 Wapato Response to 570

592 US Response to 572

605 US Reply in Support of 570

644 DCT Order

646 US Motion to Dismiss

649 Response

651 Reply

652 DCT Order

Prior post here.