All comments are welcome, but they are particularly helpful from attorneys who are licensed out of state who end up in Arizona on ICWA cases. I know there are a fair number of you!
Our Pro Hac Vice page is here.
Wisconsin Proposed Pro Hac Vice Waiver for Tribal ICWA Attorneys
In the Matter of the Petition to Amend Wisconsin Supreme Court Rule 10.03(4), Regarding Pro Hac Vice Admission for Nonresident Counsel Appearing in Matters Involving the Indian Child Welfare Act, Petition 18-04
Proposal to Amend WI SCR 10.03(4) to add the following:
(g) Nonresident counsel is not required to associate with an active member of the State Bar of Wisconsin and is not subject to any application or fees for pro hac vice admission if they establish to the satisfaction of the Court that:
- The nonresident counsel seeks to appear in a Wisconsin court for the limited purpose of participating in an “Indian child custody proceeding” as defined by s. 48.028(2)(d), or an “Indian juvenile custody proceeding” as defined by s. 938.028(2)(b), pursuant to the Wisconsin Indian Child Welfare Act (WICWA) s. 48.028, or a “child custody proceeding” as defined by 25 U.S.C. § 1903, pursuant to the Indian Child Welfare Act of 1978, 25 U.S.C. § 1901 et seq.; and
- The nonresident counsel represents an Indian Tribe pursuant to 25 USC § 1911(c), s. 48.028(3)(e), or s. 938.028(3)(e); and
- The Tribe has affirmed the child is an Indian child defined by 25 USC § 1903(4) and s. 48.02(8g) or an Indian Juvenile as defined by s. 938.02(8g).
As background: WA, MN, OR, MI, & NE all have rules/laws making pro hac vice easier for tribal attorneys in ICWA cases. AZ and CA have pending rules.
To submit a comment:
- Submitting a comment to a rules petition
A comment to a pending rule petition shall be submitted in hard copy (include one original and nine copies). The paper copies shall be mailed to the Clerk of the Supreme Court, P.O. Box 1688, Madison, WI 53701.
A person submitting a comment shall e-mail an electronic copy of the comment in MS Word format MS Word to the Office of the Clerk of the Supreme Court at email@example.com and firstname.lastname@example.org.
- Contents of comment
The comment shall identify the rule petition to which it relates.
III. Service of comment on petitioner
A copy of the comment shall be forwarded to the petitioner in a timely manner. See the rule petition for the name and contact information of petitioner.
Here is the letter sent today: Tribal Consultation Notification 4-16-2018
This is on the proposed changes to the Adoption and Foster Care Analysis and Reporting System (AFCARS), the way the feds collect from the states on adoption and foster care. This is specifically about removing ICWA data elements added in last year’s final rule because of the burden of collecting information about ICWA compliance and Native kids in care.
Both consultations will be done by phone, and if there are not enough participants “may end early”. Maybe tribal leaders or their designees would like to consult about how to weigh that “burden” of gathering information so tribes and states know what is happening with Native kids in foster care for the full 90 minutes:
Tribal Consultation seeking input on the ANPRM and potential changes to AFCARS will be held through two teleconference calls on the following dates and times.
Tuesday, May 15, 2018 @ 2:00 pm – 3:30 pm (EDT).
Please register here: https://acf.adobeconnect.com/efdd2gqe733x/event/registration.html
Wednesday, May 16, 2018 @ 2:00 pm – 3:30 pm (EDT)
Please register here: https://acf.adobeconnect.com/enhysqrbcyal/event/registration.html
For both consultations, the call-in number and passcode are: 877-917-3403, Passcode: 2498350. (Please note, if there are a small number of participants on the call, the call may end sooner than 3:30 p.m.)
Both Tribal consultation teleconference calls are open to all tribal leaders or their designees and may address any aspect of the ANPRM’s request for comments on AFCARS data collection, including data elements relating to ICWA that would reported by states and all other AFCARS elements that would be reported by both states and tribes operating title IV-E programs. Overall, we are interested to hear both recommendations on data elements to retain with a justification for using the data at the national level and recommendations on any data elements to remove because they may be either overly burdensome for title IV-E agencies to report or may not be reliable or necessary at the national level.
In addition to participating in the tribal consultation conference calls, the Children’s Bureau encourages tribal leaders to submit comments in writing in response to the ANPRM, as only written comments may be included in the regulatory record. The deadline for the receipt of written comments in response to the ANPRM is June 13, 2018.
There is also a briefing webinar:
The briefing webinar to learn more about AFCARS will be held on Wednesday, April 25, 2018 from 2:00 pm – 3:30 pm (EDT). If you are interested in participating in this webinar, please register at:
We recognize that while states have many years of experience in reporting AFCARS data, tribes may not be as familiar with AFCARS. To prepare for consultation, the Children’s Bureau is offering a briefing webinar for tribal leaders and/or members of your staff. The briefing webinar will be an opportunity for tribal leaders and members of your staff to learn more about AFCARS, including current data reported by states since the 1990’s and the changes to AFCARS that were promulgated in December 2016, but have not yet been implemented.
If only well over 60 tribes and tribal organizations had submitted comments in support of the additional data elements explaining in great detail why they are needed in the last comment collection on this issue in 2016 . . .
A non-tribal specific information session/briefing webinar earlier this month was problematic on ICWA (at best). There are a number of groups working on written comments, including model versions for tribes. When they are available, we will make sure to post that information. If you’d like to post comments now, here is the comments page.
Previous posts on AFCARS here.
This is so exciting! Kristi Healing, (in-house at Stillaguamish) submitted this pro hac rule change proposal.
Here is the proposed rule in PDF form: WA_Proposed_APR8
Submit comments in support, please!
Unless otherwise noted, all comments should be submitted to the Clerk of the Supreme Court by either U.S. mail or Internet e-mail. Comments may be sent to the following addresses: P.O. Box 40929, Olympia, WA 98504-0929, or email@example.com. Comments submitted by e-mail may not exceed 1500 words.
Our state by state pro hac page is here. I’m also aware of efforts in two other states that are not yet public for comment.