Tag Archives: ICWA

Column on Wayne County and ICWA in Chronicle for Social Change

Here Some notes. It’s a federal requirement to inquire about a child’s tribal citizenship regardless of state law. There are eight states with comprehensive state ICWA laws (the article is missing California and Wisconsin), and that doesn’t count states that … Continue reading

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

Transfer to Tribal Court [ICWA] Decision out of New York

Opinion here The child’s attorney opposed the transfer, and the appellate court supported the decision of the Family Court to transfer to the tribe.

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

New Article on the Fight to Defend ICWA in The Washington Post Magazine

Although ICWA’s opponents argue that the law is harmful to Native children, not following ICWA harms both Native children and tribal communities. When state courts follow ICWA from the outset of a child welfare case, the outcomes of the case … Continue reading

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Qualified Expert Witness Case from Alaska [ICWA]

Eva H. v. State of Alaska This is a case worth reading in its entirety for the discussion of the qualifications of the QEW but also the discussion of the testimony supporting the casual connection between the parents’ behavior and … Continue reading

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

ICWA Op-Ed in the WaPo and Editorial in the Austin American Statesman

Wapo: Native children benefit from knowing their heritage. Why attack a system that helps them? Austin American Statesman: Paxton should stop playing politics with adoptive families

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

Alaska Supreme Court on Active Efforts [ICWA]

Here. I very nearly made an inadvertent broken record pun here, but seriously, I do talk about making a clean record a lot. OCS didn’t even manage to document state law requirements in this case. And in the continuing theme … Continue reading

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Montana Supreme Court on Reason to Know [ICWA]

Here. And a long excerpt: Contrary to the Department’s assertion and the apparent corresponding view of the District Court, the “reason to know” standard does not necessarily require an evidentiary showing, and certainly not by the parents, that a child … Continue reading

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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

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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

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