Here is the opinion in In re C.L.:
ICWA
Wisconsin COA Reverses Termination of Indian Parent’s Rights for Due Process Violations
Bay Mills 7th Annual Noojimo’iwewin VAWA & ICWA Training: Registration Open
Registration is open for the 7th Annual Noojimo’iwewin: The VAWA and ICWA Training hosted by Bay Mills Indian Community, August 6-8, 2025.
Hosted in person with a virtual option, this year’s training theme is Policy to Practice. Book your stay at the Bay Mills Resort and Casino in Brimley, MI by July 23. Learn more and see the agenda here. CLE and social work CU credits are pending submission and approval. The training is tuition free.
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Save the Date_7th Noojimo’iwewin A VAWA and ICWA Training_2025Download
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AFCARS Final Rule Has Been Released
This rule finalizes revisions to the Adoption and Foster Care Analysis and Reporting System (AFCARS) regulations proposed on February 23, 2024. This final rule requires state title IV-E agencies to collect and report to ACF additional data related to the Indian Child Welfare Act of 1978 (ICWA) for children in the AFCARS Out-of-Home Care Reporting Population.
As you may recall, there was a rule promulgated in 2016 which was almost immediately withdrawn and replaced with a 2020 rule. It has taken another four years for the Biden administration to issue this rule. Regardless, if this rule holds, in three years all states will be required to collect ICWA data in state court cases.
Comment by Nov. 1 on Proposed Montana Pro Hac Vice Rules for ICWA Cases
Publication: Performance Standards for Attorneys who Represent Tribal Governments in State ICWA Proceedings
From California Tribal Families Coalition (supported by Casey Family Programs), but not limited to California practice. This is a much-needed practice publication–a small part of which will be presented tomorrow at the federal ICWA training. Next week there is a full training using these standards at the TICA conference in Santa Barbara.
2023.7.6 Perf Standards For Attorneys Representing Tribes -FINAL
Bay Mills 6th Annual Noojimo’iwewin VAWA & ICWA Training: Registration Open
Registration is open for the 6th Annual Noojimo’iwewin: The VAWA and ICWA Training hosted by Bay Mills Indian Community, July 31-August 2, 2024.
Hosted in person with a virtual option, this year’s training theme is Healing Together. Book your stay at the Bay Mills Resort and Casino in Brimley, MI by July 15. Learn more and see the agenda here. CLE and social work CU credits are pending submission and approval.
Split Michigan COA Affirms Placement of Indian Child in Foster Care
Here is the majority opinion in In re Peters/Brinton/Mathews and in In re Brinton (note the complete absence of any mention of ICWA or MIFPA)
And here is Judge Maldonado’s dissent, which is based entirely on ICWA/MIFPA and is 🔥:
California ICWA Case Describing the State of Inquiry Cases
Figuring out where the California Court of Appeal courts are on the initial inquiry duty when a child is removed from their home is about as easy as detangling a ball of Christmas lights. The Samantha F. case does a nice job of going through where everything is, and what courts have held. This issue is fairly specific to California, which has certain ICWA inquiry requirements in state law and court rules for the removal of any child from their home. The question at issue seems particularly frustrating, because certain California courts have held there is no duty for contacting a child’s extended family re. tribal citizenship if the child was removed from the home with a warrant. However, there is such a duty if they were removed from the home without a warrant. In reading the cases, it feels like there was an oversight in drafting the state laws rather than some kind of legislative intent to suss out. Regardless, this has been the top litigated issue in California ICWA cases for almost a year now. In fact, it was nearly a year ago I posted about this at length. Apparently filing is finally underway in the In re Ja. O. case now. Briefing in the other set of cases appears to be complete but oral argument has not yet been set.
AFCARS Model Comment Available
As a reminder, comments for the ICWA AFCARS are due April 23. The Indian Law Clinic has developed a model comment for tribes to edit and use if they so wish. For a copy of the comment, please contact Cody Fowler, who has done the heavy lifting on this work, is an MSU grad and is helping out the Clinic for a few weeks! He can be contacted at:
fowler48@msu.edu
The proposed rule is here, as well as the link to submit comments:
https://www.federalregister.gov/documents/2024/02/23/2024-03373/adoption-and-foster-care-analysis-and-reporting-system
As a reminder, this is a proposed rule to require nationwide data collection about ICWA children in foster care. We have never had nationwide data on ICWA cases, despite nearly ten years of active litigation to try to get the 2016 rule back, and many years of activism before that to get the 2016 rule.
Turtle Talk 
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