Tag Archives: ICWA

Jurisdiction Case out of the Arizona Court of Appeals [ICWA, UCCJEA]

Here. This case has gone up a couple of times.

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

TICA Panel #1 — ICWA Q&A

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

State and Individual Parties File for En Banc Review in Brackeen v. Bernhard [ICWA]

Individual Petition for EnBanc Review State Petition for EnBanc Review The Court has asked the federal and tribal parties for response briefs, which are due October 23rd.

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

Oral Argument in Acevedo v. Jordan [ICWA]

Here. In Division 3. The MSU Indian Law Clinic and Center for Indigenous Research and Justice filed an amicus brief supporting the application of ICWA and the minor mom (represented by Northwest Justice Project).

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

Deadline Update in Brackeen v. Bernhardt [ICWA]

Here Plaintiffs requested an extension to their en banc petition. The Court gave them until October 1 to file.

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

Indian Country Fights to Protect Its Children and Preserve Its Sovereignty

New article from Nick Martin in The New Republic about the recent Brackeen v. Bernhardt decision and preserving ICWA. Available here.

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Published Notice Case from California Court of Appeals [ICWA]

Here One might think, given that as of the end of July, California had more than 70 ICWA notice violation cases and in 41 one of them (fifty six percent of the time) the appellate court sent it back down … Continue reading

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

ICWA Jurisdiction Case Out of North Carolina Court of Appeals

Here. There is a lot going on here, including problematic reasoning over full faith and credit to a tribal court order, but I think it is worth focusing on “ward of the tribal court” language. In 25 USC 1911(a), tribes … Continue reading

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

Eighth Circuit Decision Upholding Tribal Jurisdiction in Watso v. Piper [ICWA, PL 280]]

Decision here. This settles a long running string of cases out of the Minnesota federal courts in which the non-Indian parents of tribal member children argued there was no tribal jurisdiction over their children when they lived on the tribal … Continue reading

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

New Mexico Notice and Time Frame Case from Court of Appeals [ICWA]

Children, Youth & Families Department v. Tanisha G. and Isaac G. This is an interesting and remarkable case, and a way to deal with continued notice violations and delay by an agency. Here are the highlights of this disturbing case … Continue reading

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