California ICWA Attorneys Pro Hac Waiver Proposal

And the biggest ICWA state joins the movement! Comments on this are due June 8, 2018.

Here is the proposal to change the rules to waive associating with local counsel and remove the limit on the number of times appearing (fees are intact, but are being addressed in another forum–post on how to show support for that forthcoming).

Deadline for Comments: June 8, 2018 5:00 PM (Pacific)
Submit Comment Online or, email: invitations@jud.ca.gov

Here is our current ICWA attorney pro hac page. Contact me if you would like any draft model comments.

 

AFCARS Comments Due May 9

As we previously posted, for the first time, the federal government is proposing to collect data on state ICWA cases. If you, or your employer, or your tribe are willing to let the feds know you think this is a good idea, please submit comments by MAY 9 over here.

Want to submit something but aren’t sure what to write or don’t have time to research all of these acronyms? We have you covered:

Model comment for in-house counsel from MSU

Model comment for tribes from NARF

Model comment for tribes/tribal social services from NICWA.

Additional Comments on Proposed ICWA Regulations

More than 1,000 additional comments were posted this week to regulations.gov on the proposed ICWA regulations, bringing the total number of comments to 1,869. We have updated the tribal nations comments page here, and the organizations page here.

Here are a few additional individual comments we noted as we scrolled through them:

361_-_Erdrich,_Karen_Louise
942_-_Jones,_Laura
919_-_Spotted_Elk,_Sheldon
2097_-_Blanchard,_Evelyn
298_Hirsch_Bertram
1525_-_Houska,_Tara
886_-_Lidot,_Tom
1280_-_Drobnick,_Heidi_A
Sweet_Victoria

Organizations and Law Professors Comment on Proposed ICWA Regulations

Here is a selection of a few of the major groups in support of the proposed ICWA regulations (as available from Regulations.gov or sent directly to us at fort [at] law [dot] msu [dot] edu):

American Bar Association
Association on American Indian Affairs
ACLU
California Indian Legal Services
Casey Family Programs, with additional signatories including NNABA and TLPI
Children’s Defense Fund
The Donaldson Adoption Institute
ICWA Law Center
Michigan Tribal-State Judicial Forum
Michigan Indian Legal Services
NABA-Arizona
National Indian Child Welfare Association
National American Indian Court Judges Association
National Council of Juvenile and Family Court Judges
NCAI
NARF AK
Letter from:
Advocates for Children and Youth
Children’s Defense Fund
Children and Family Futures
Child Welfare League of America
Foster Family-Based Treatment Association
Generations United
National Children’s Alliance
National Crittenton Foundation
National Foster Parent Association
Nebraska Appleseed
Nebraska Families Collaborative
New Mexico Child Advocacy Networks
North American Council on Adoptable Children

Law Professors Comment. Signed by 21 clinicians, professors, and deans representing more than 15 law schools.

Times have certainly changed since the original Guidelines were issued. Administrative law and the power of the federal government have shifted considerably in the past forty years. In addition, there was no way the federal government could foresee the dramatically different applications of ICWA across the fifty states. These new regulations are necessary because without them the application of the law is arbitrary, with Indian children treated differently depending on which state’s courtroom they are in. Having disparate interpretations of ICWA was certainly not the intent of Congress in passing a federal law, and conflicts with the rationale of the Supreme Court’s decision in Mississippi Band of Choctaw Indians v. Holyfield, 490 U.S. 30, 45-46 (1989) (describing the need for uniformity in defining ‘‘domicile’’ under ICWA). These regulations will provide a stronger measure of consistency in the implementation of ICWA and prevent the application of different minimum standards across the United States, contrary to Congress’ intent.

One of our second year law students at MSU Law, Whitney Gravelle, was a huge help in researching issues related to administrative authority and getting a first draft going.

 

State Comments to Proposed ICWA Regulations

Alaska
Judicial Council of California
Minnesota
Washington