Tag Archives: ICWA

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

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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

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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

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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

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Qualified Expert Witness Case out of Alaska Supreme Court [ICWA]

Here I have been trying to figure out how to comment on this particular opinion, though I may just default to Alaska’s QEW holdings have always been outliers . . . So as a reminder for us all, this is … Continue reading

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Time Magazine on ICWA

Here The first four paragraphs of the story: Each time Elisia Manuel sees her daughter Precious rehearsing traditional basket dancing and humming tribal songs around their home in Casa Grande, Arizona, she’s overwhelmed with emotion. “It’s beautiful to witness,” the … Continue reading

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American Indian Children and The Law

American Indian Children and the Law by Kathryn “Kate” E. Fort, Director of the Indian Law Clinic at Michigan State University College of Law, is now available. Click here to order. “Introduction: This casebook is the result of years of … Continue reading

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Noojimo’iwewin: A VAWA and ICWA Training

  Join this free training August 1-2, 2019 at the Bay Mills Resort & Casino in Brimley, MI A multi-disciplinary training geared toward child welfare and domestic violence advocates to implement effective service and advocacy strategies in cases involving child … Continue reading

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Follow up NY Times Article on ICWA

Here. “I think it means a lot to our foster kids that we’re Cherokee,” said Carney Duncan, a gentle, soft-spoken man whose hair falls below his shoulders. “My mom and dad always helped people and took them in. I have … Continue reading

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Intercept Article on ICWA and the Brackeen Case

Here “Babies don’t get born and run down to the citizenship office and file a petition,” said Matthew Fletcher, director of the Indigenous Law and Policy Center at Michigan State University. When his own child was born, he and his … Continue reading

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