CSKT 2018 Indian Child Welfare Legal Summit, September 12-13

Confederated Salish & Kootenai Tribes’2018 Indian Child Welfare Legal Summit

The Montana Court Improvement Program, in conjuction with CSKT, would like to invite you to this interactive training designed to improve legal knowledge, skills, and practices in relation to Indian Child Welfare. 

After opening with a case law update describing recent Montana opinions, federal court litigation, and note-worthy opinions from sister states, this CLE will provide a quick interactive refresher on the basics of tribal jurisdiction in child custody cases and the requirements of the Indian Child Welfare Act.

With this foundation in place, participants will explore topics like best practices in child welfare casesdomestic child sex traffickingtribal code enhancement, and ethics as it relates to Indian child welfare cases.  Participants will have the opportunity to break out into small affinity groups to discuss improving systems and practices across the state in order to better serve AI/AN children and families.

This two-day training is designed for tribal attorneys, tribal judges, parents’ attorneys, GALs, adoption attorneys, and state prosecutors. (Although caseworkers, CASAs, and other child welfare practitioners are welcome to join us, the focus of this training is to improve legal knowledge, skills, and practices.)  Faculty includes local and national experts, practitioners, and scholars from across the country.  An application for CLE credits will be filed.

For agenda, updates and more visit: 


Protest Planned for CERA Event in Montana

Link to response from Native educators here.

Link to protest announcement here.

Citizens Equal Rights Alliance is holding a regional conference in Kalispell, Montana, on September 26, 2015, to kindle local antagonism towards the Federal Government and Tribes.  Speakers include the attorney for two politicians who are suing the federal government for transfer of the, now named, Salish Kootenai Dam to the Tribes.  Protesters will meet at the Red Lion Hotel in Kalispell at 1PM.




Last Minute Suit to Block Conveyance of Kerr Dam Project to Confederated Salish & Kootenai Tribes Fails

Here are the materials so far in Keenan v. Bay (D. D.C.):

2 Complaint

19-1 Motion for TRO

20 DCT Order Denying TRO

An excerpt:

Plaintiffs have also failed to adduce any evidence that they are likely to suffer irreparable harm should the Kerr license be transferred to CSKT and EKI. In their Motion, Plaintiffs make general claims of economic harm they will allegedly suffer should CSKT and EKI take control of the Kerr dam. Additionally, Plaintiffs make general allegations regarding the natural security importance of the Kerr Project, as well as somewhat perplexing arguments regarding the Turkish Government’s involvement with Native Americans. However, to the extent such injuries are cognizable, nowhere are those allegations substantiated in the record. Indeed, at hearing, counsel for Plaintiffs conceded that no such evidence has been submitted relating to the Plaintiffs’ alleged economic harm. Accordingly, Plaintiffs have failed to meet their burden here.

Federal Court Dismisses Irrigation District’s Challenge to BIA Control of Flathead Irrigation Water

Here are the materials in Flathead Irrigation District v. Jewell (D. Mont.):

56 US Motion to Dismiss

58 Opposition

63 Reply

76 DCT Order

Brian Upton on the Tribal Self-Governance Partnership at the National Bison Range

Brian Upton, an MSU alum, has published “Returning to a Tribal Self-Governance Partnership at the National Bison Range Complex: Historical, Legal, and Global Perspectives” (PDF) in the Public Land & Resources Law Review.

An excerpt:

The National Bison Range (Range) is an unforgettable place for many reasons. Home to its namesake bison as well as to a variety of other wildlife, it is one of the nation’s premier wildlife refuges. Established over one hundred years ago in western Montana, it was among the first such refuges in the country—predating the present-day National Wildlife Refuge System (Refuge System) of which it is now a part. The Range is further distinguished by its location in the center of the Flathead Indian Reservation (Flathead Reservation), where the spectacular scenery includes mountain ranges in every direction. The Range bison descend largely from wild bison that had been saved by members of the Confederated Salish and Kootenai Tribes (CSKT) at a time when the animals were on the verge of extinction.


Evelyn Stevenson Walks On — Original Proponent of ICWA

Evelyn Stevenson, longtime tribal attorney, advocate and original proponent of the Indian Child Welfare Act, passed away on March 12, 2015 at 9:11am in Ronan, Montana on the Flathead Indian Reservation.  Evelyn was a member of the Confederated Salish and Kootenai Tribes and was the second tribal member, and first tribal member woman, to become a licensed attorney.

A wake will begin at noon on Sunday, March 15, 2015 in the Elmo Community Hall in Elmo, Montana (phone number: 406.849.5505).  A rosary will begin at 8:00pm that evening.  The funeral will be held at the Elmo Community Hall on Monday, March 16th at 11:00am, followed by burial at the Ronan Cemetery.

Details on here career here.

Amerind Risk Management Corp. v. Blackfeet Housing — Complaint to Compel Arbitration

Here is the complaint in Amerind Risk Management Corp. v. Blackfeet Housing (D. N.M.):

1 Complaint