DOJ – Turtle Talk

The Administration (DOI, HHS, and DOJ) are asking for input on the following:

What additional supports would Tribal leaders find helpful to build their Tribe’s capacity to exercise their rights and responsibilities under ICWA?

Are there specific supports you believe the federal government could provide to help state courts and child welfare agencies meet their obligations under ICW A?

In your experience, are there specific aspects or requirements of ICWA where state courts and agencies need to build greater understanding or capacity?

Are there existing State-Tribe collaborative partnerships or processes that you believe have helped support effective implementation ofICWA?

Consultation is August 7 online and August 11 in Anchorage. Commends are due by September 15, 2023.

I might note the lawsuit regarding data and ICWA is ongoing in the Ninth Circuit, though the Administration has promised to issue a notice of rule making in October. A description of the issue of funding tribal systems (with citations) can be found here.

2017 US DOJ Coordinated Tribal Assistance Solicitation (CTAS)

December 16, 2016Kate Fort

Meant to post this sooner, but the CTAS applications are up and due February 28th. These grants provide can support to tribal courts and tribal justice systems:

In Fiscal Year 2010, the U.S. Department of Justice (DOJ) launched the Coordinated Tribal Assistance Solicitation (CTAS) initiative, which encompassed most of the Department’s available Tribal government-specific grant programs. Through CTAS the Department has awarded over 1,600 grants totaling more than $722 million to hundreds of American Indian and Alaska Native communities. The Tribes are using these funds to enhance law enforcement, bolster justice systems, prevent and control delinquency, strengthen the juvenile justice system, serve sexual assault and elder victims, and support other efforts to combat crime.

Solicitation

Fact Sheet

Application

BIA Publishes Updated Model Tribal Juvenile Code

November 4, 2016Kate Fort1 Comment

Press Release here.

Model code here.

One of the things that is particularly useful in this model code is how it is annotated with information on why the drafters made certain choices, and links to other resources with additional information.

News Coverage of Goldwater (ICWA Litigation) Hearing

December 21, 2015Kate Fort4 Comments

News coverage that confirms all accounts we received that this was a very difficult and discouraging hearing.

This hearing was on DOJ’s motion to dismiss the Goldwater ICWA litigation, which is contesting the constitutionality of ICWA. Relevant documents are here.

In response to questions we’ve been getting–this hearing was only on the government’s motion to dismiss. By the looks of it, the judge is not likely to dismiss the case at this point. Next up in the litigation is a fight over class certification, which the judge was delaying full briefing on until after the decision on the motion to dismiss. There will also be rulings on Navajo Nation and Gila River’s motions to intervene. Short answer to what the hearing likely means–this is looking like a long slog. We would really love to be wrong.

TLOA Implementation Event, July 13-14

July 9, 2015Kate Fort

Dialogue on Implementing TLOA’s Enhanced Sentencing Authority

On July 13–14, 2015, the Bureau of Justice Assistance, U.S. Department of Justice and the American Probation and Parole Association will conduct A Dialogue on the Tribal Law & Order Act (TLOA) Implementation of Enhanced Sentencing Authority in Tucson, AZ. At this no-cost event, tribal governments will share their experiences in implementing new TLOA authority. Discussion will also explore how to better implement enhanced sentencing authority among interested tribes. For more information visit: www.appa-net.org/eweb/Dynamicpage.aspx?webcode=IV_ProjectDetail&wps_key=49d0989a-0f8a-4644-ba62-2cedacc704bc.

NICWA Federal Listening Session on ICWA Compliance

April 21, 2015ilpc

Sarah Kastelic (NICWA), Sam Hirsch (DOJ), JooYeun Chang (Children’s Bureau), and Kevin Washburn (Interior).

OJJDP Grant Application to Provide Training and Technical Assistant on Juvenile Justice Issues

March 27, 2015March 27, 2015Kate Fort

Here.

OJJDP is seeking a Tribal Youth Program training and technical assistance provider to provide culturally, trauma-informed, and developmentally appropriate training; support, resources; information; and other related technical assistance to all OJJDP tribal program grantees and federally recognized tribes across the nation. When allocating resources, OJJDP-funded tribal program grantees would receive priority. The successful applicant will develop culturally specific training and technical assistance for tribes seeking to build capacity to develop, expand, improve and/or maintain their juvenile justice systems. Priority areas include juvenile healing-to-wellness courts, tribal youth-specific prevention, intervention, and treatment programming and tribal-state collaborations to meet the needs of American Indian/Alaska Native children exposed to violence. The successful applicant will collaborate closely with OJJDP’s other training and technical assistance efforts and

providers.