Tag Archives: ICWA

Briefing Completed in Brackeen v. Bernhardt (frmly Zinke) in the Fifth Circuit [ICWA Case]

Oral arguments are March 13. Principal Briefs on the Tribal Defendant/Intervenor and Federal Side (Pro-ICWA) Appellant Tribes Brief Appellant Federal Parties Navajo Nation Motion to Intervene and Proposed Brief Amicus Briefs, Pro-ICWA Congressional Amicus Brief Constitutional Law Profs Brief Casey … Continue reading

Posted in Author: Kate E. Fort, Child Welfare, ICWA | Tagged , , , , , , , , ,

Comments Needed for Kansas ICWA Pro Hac Vice Rule Exception

The Kansas Supreme Court is seeking comments on an amendment for to the pro hac vice rule to exempt out of state ICWA attorneys from fees and associating with local counsel. Deadline for comments is March 15, 2019. Rule is … Continue reading

Posted in Author: Kate E. Fort, Child Welfare, ICWA | Tagged , , ,

Reason to Know [ICWA] Out of the Ohio Court of Appeals

2019-ohio-178 In most states, this would most certainly be reason to know, and the agency would be required to do additional inquiry and notify a tribe. When we talk about inconsistent application of the law, this is definitely one of … Continue reading

Posted in Author: Kate E. Fort, Child Welfare, ICWA | Tagged , , , , ,

Published Permanency/Guardianship [ICWA] Case out of Nebraska Court of Appeals

In re Mercedes L. et al This is a very long decision, but the court’s discussion of appealability of the order is an interesting one.

Posted in Author: Kate E. Fort, Child Welfare, ICWA | Tagged , , , , , ,

Media Statements and News Articles on Fifth Circuit ICWA Case

Quote from Intervening Tribes Statement: We applaud the broad coalition of federal lawmakers, attorneys general from 21 states, and 30 child welfare organizations who have joined 325 Tribal governments and 57 Tribal organizations in filing numerous amicus briefs with the … Continue reading

Posted in Author: Kate E. Fort, Child Welfare, ICWA, Research | Tagged , , , , , , ,

Merits and Amicus Briefs Filed in Brackeen et al v. Zinke et al. Yesterday

Multiple parties and amici filed strong briefs in the Brackeen v. Zinke case in the Fifth Circuit yesterday. Twenty-one state attorneys general filed an amicus brief in support of the law, as did 325 tribal nations and 57 tribal organizations. … Continue reading

Posted in Author: Matthew L.M. Fletcher, Child Welfare, ICWA | Tagged , , , , , , , ,

Unpublished Nebraska Court of Appeals Case on Active Efforts (ICWA).

Here. We rarely post unpublished ICWA cases because otherwise that’s all we would do. However, in this case involving an analysis of active efforts, the court found that: Efforts made in this case included facilitating supervised visits, providing family support … Continue reading

Posted in Author: Kate E. Fort, Child Welfare, ICWA | Tagged , , , ,

2018 ICWA by the Numbers

Here’s our annual contribution to the ICWA data discussion. I’m nearing to the final set of 2018 ICWA cases. A note on the data–these are cases that are on Westlaw and/or Lexis Nexis, and ICWA (or state equivalent) was litigated. I collect … Continue reading

Posted in Author: Kate E. Fort, Child Welfare, ICWA | Tagged , , ,

Maine Supreme Judicial Court Affirms Denial of Intervention in Child Welfare Case

Here. The State removed non-member children from their tribal member mother, and opposed the Passamaquoddy Tribe’s request for intervention. While intervention is one of right under ICWA, because these children are non-member children, the Court found that ICWA did not … Continue reading

Posted in Author: Kate E. Fort, Child Welfare, ICWA | Tagged , , ,

Transfer to Tribal Court Decision from Maine Supreme Judicial Court

Here [¶1] Shirley T. and David W. appeal from an order of the District Court (Portland, Powers, J.) denying their and the Oglala Sioux Tribe’s motions to transfer jurisdiction of this child protection matter to the Oglala Sioux Tribal Court … Continue reading

Posted in Author: Kate E. Fort, Child Welfare, ICWA | Tagged , , ,