ICWA Webinar Series: The Indian Child Welfare Act and the Role of Tribal and State Attorneys, October 8, 2024, 2:00 – 3:45 pm EDT

National Indian Country Training Initiative Online Training Announcement

Title: ICWA Webinar Series: The Indian Child Welfare Act and the Role of Tribal and State Attorneys

Date: October 8, 2024, 2:00 – 3:45 pm EDT

 

Register Here: https://usao.webex.com/weblink/register/r07e72e3d5222b35a4d9c7b80a47fc4f7

Registration deadline: October 4, 2024

Non-DOJ applicants will receive notification of their application status by: October 7, 2024

The Indian Child Welfare Act (ICWA) provides minimum Federal standards for the removal of Indian children from their families and placement in foster and adoptive homes. Tribal and State attorneys play important roles in advancing the protections of ICWA.  This webinar is the fourth in a multipart series concerning the application of ICWA in State courts and the role of Tribal courts in cases involving ICWA. Kate Fort, a nationally recognized expert on ICWA will discuss the implications of ICWA in representing Tribes and States in child welfare cases. Topics will include transfer, state agreements, and many other important topics. CLE has been requested.

There is no tuition charge for this training.

If you have any questions, please contact Heather Cumper at heather.cumper@usdoj.gov or Leslie A. Hagen at leslie.hagen3@usdoj.gov.

Joint Interior and Justice Report on Missing and Murdered

Here:

Aspen Decker

Department of Justice Civil Rights Division Publishes Damning Report on Alaska’s Child Welfare System Violates the Americans With Disabilities Act

Here is the report.

From the press release:

The Department of Justice announced today that it found reasonable cause to believe that the State of Alaska violates the Americans with Disabilities Act (ADA) by failing to provide community-based services to children with behavioral health disabilities, relying instead on segregated, institutional settings — specifically, psychiatric hospitals and psychiatric residential treatment facilities. This finding comes at the conclusion of the department’s investigation into whether Alaska subjects children with behavioral health disabilities to unnecessary institutionalization in violation of Title II of the ADA.

“Each year, hundreds of children, including Alaska Native children in significant number, are isolated in institutional settings often far from their communities,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “Most of these children could remain in family homes if provided appropriate community-based services. We look forward to working with Alaska to bring the State into compliance with federal law and prevent the unnecessary institutionalization of children.”

Children who are segregated in psychiatric residential treatment facilities commonly stay there longer than six months, and some of them are sent to states as distant as Texas and Missouri, thousands of miles from their families.

The department’s investigation found that Alaska’s system of care is heavily reliant on institutions and that key community-based services and supports needed to serve children with behavioral health disabilities in family homes, such as home-based family treatment, crisis services and therapeutic treatment home services, are often unavailable. As a result, many children with behavioral health disabilities, including a substantial number of Alaska Native children, are forced to endure unnecessary and unduly long admissions to psychiatric hospitals and psychiatric residential treatment facilities both within Alaska and in states across the country. 

With today’s announcement, the department has concluded its third investigation in 2022 involving the unnecessary institutionalization of children with behavioral health disabilities.

US DOJ Journal of Federal Law and Practice: New Issue on MMIP

Here: “March – Missing or Murdered Indigenous Persons: Legal, Prosecution, Advocacy and Healthcare.”

Previous issue here.

Heather Kendall-Miller: “Alaska’s delegation should support a champion for domestic violence survivors” [Vanita Gupta, nominee for Asst. AG]

Here.

Department of Justice Journal of Federal Law and Practice — Missing or Murdered Indigenous Persons: Law Enforcement and Prevention

Here.

DOJ Tribal Consultation on Domestic Violence in Fairbanks, AK (May 1, 2019)

From Monique Vondall:

I was at the historic consultation — a first — with the DOJ regarding domestic violence funding for Indian Country. Of the $169 million in grants available only 59 tribes applied and the cap of $500,000 only allowed $29 million to be distributed.  The DOJ listening session was met with many requests to continue the set-aside funding for Indian Country.

The Southwest region in Alaska reports the highest percentage of women who experience domestic violence in America. The 2019 Section 903 Reauthorization of VAWA found that Alaska Native women experience domestic violence at a rate of 250% more than any other women in America.

Maurisa Bell, NNALSA 3L of the Year

 

Bell
National NALSA 3L of the Year Award recipient, Maurisa Bell (right).

Maurisa Bell grew up on the Wind River Reservation in Riverton, Wyoming. She is an enrolled member of the Eastern Shoshone Tribe and was also raised around her Northern Arapaho family. In 2015, she graduated from Montana State University in Bozeman, MT and completed the Pre-Law Summer Institute program during the summer of 2016. While in law school, Maurisa served as Vice President and Treasurer for the MSU-NALSA, an Area representative for National-NALSA, and volunteered as a student mentor for the Indigenous Law and Policy Center.

She spent her summers in Washington, D.C. working for the Department of Justice’s Office of Tribal Justice; the National Indian Gaming Commission; and Dentons, US LLP in their Native American Law and Policy practice group. She is a dedicated and driven leader who, in just a few weeks, will graduate from the Michigan State University College of Law.

Maurisa will work for Dentons upon graduation, pursuing her passion in helping tribes and tribal communities.

Congratulations, Maurisa!

2017 DOJ Report on Indian Country Criminal Investigations and Prosecutions

Here.

DOJ Justice Manual — Indian Country Provisions

Earlier this week the Department of Justice replaced the US Attorneys’ Manual with the new Justice Manual. [Miigwetch to Chris Chaney for the tip.]

Here:

Indian Jurisdiction
Indian Country—Introduction Criminal Resource Manual at 674
Investigative Jurisdiction Criminal Resource Manual at 675
MOU re Indian Law Enforcement Reform Act Criminal Resource Manual at 676
Indian Country Defined Criminal Resource Manual at 677
The General Crimes Act—18 U.S.C. § 1152 Criminal Resource Manual at 678
The Major Crimes Act—18 U.S.C. § 1153 Criminal Resource Manual at 679
Lesser Included Offenses Under 18 U.S.C. § 1153 Criminal Resource Manual at 680
Indian Jurisdiction—Tribal Options Criminal Resource Manual at 681
Successive Prosecutions Criminal Resource Manual at 682
“Victimless Crimes” Criminal Resource Manual at 683
Memorandum for Benjamin R. Civiletti Re Jurisdiction Over “Victimless” Crimes Committed by Non-indians on Indian Reservations Criminal Resource Manual at 684
Exclusive Federal Jurisdiction Over Offenses by Non-Indians Against Indians Criminal Resource Manual at 685
Who is an “Indian”? Criminal Resource Manual at 686
Tribal Court Jurisdiction Criminal Resource Manual at 687
State Jurisdiction Criminal Resource Manual at 688
Jurisdictional Summary Criminal Resource Manual at 689
Embezzlement and Theft from Tribal Organization Criminal Resource Manual at 690
Indian Gaming Criminal Resource Manual at 691