1 CA-SA 22-0076 Tohono v. Hon Fridlund SQ – Opinion
Under Arizona law, tribes shall receive notice in voluntary proceedings:
Arizona Revised Statutes § 8-535(A) provides that after a petition for termination of the parent-child relationship has been filed, “notice of the initial hearing and a copy of the petition shall be given to . . . the tribe of any Indian child as defined by [ICWA].” The statute does not limit the notice requirement to involuntary proceedings.
Because neither A.R.S. § 8-535 nor the Arizona Rules of Juvenile Procedure limit an Indian tribe’s right to notice or intervention solely to involuntary parental terminations, those tribal rights extend to voluntary termination proceedings. Since the Nation was not provided notice of the initial termination proceeding, nor was it allowed to intervene, we vacate the parental termination order, grant the Nation’s motion to intervene, and remand to the superior court for further proceedings consistent with this opinion
Thank you to everyone who sent this to me within approximately 20 minutes of it being released.
REQUEST FOR PROPOSALS
The Standing Rock Sioux Tribe (Tribe) is now accepting Proposals from qualified individuals, organizations or firms for the development of a Children’s Code for the Standing Rock Sioux Tribe’s Code of Justice. The Tribe currently has a Children’s Code but the current version is in need of revision to reflect changes in the law and current practices.
The successful Proposal should reflect experience working with Tribes and Tribal Courts. Experience in Code drafting and development, knowledge of the issues facing Children’s Courts, knowledge of the law as it pertains to Abuse and Neglect proceedings, Delinquency, Status offenses, Indian Child Welfare proceedings, Custody, Termination and Adoptions issues/ proceedings and Title IVE requirements. The Tribe also seeks to implement traditions and customs where applicable or necessary.
Requested Information: A) Cover Letter B) Outline of Experience working with: (1) Abuse & Neglect cases; and, (2) Title IV(e). C) Two (2) years minimum experience in each case type is recommended but not required. D) Whether the Bidder is Tribal or Indian Owned. Copies of tribal identification cards must be included to support the statement. Indian owned is defined as any business that is at least fifty-one percent (51%) owned by an individual who is an enrolled member of a federally recognized tribe; E) detailed breakdown of cost(s) of preparation; and, F) References.
Deadline for submission is January 19, 2018 at 4:00pm CST. The Tribe reserves the right to select, any bid or no bid. Proposals should be submitted in PDF format via email to: email@example.com. Sealed proposals will be received in person at SRST Tribal Court, c/o Melvin White Eagle Building, 101 Agency Avenue, Fort Yates, ND 58538 or mailed to SRST Court, P.O. Box 363 Fort Yates, ND 58538, Attn. D. Agard, Court Administrator.
Lots of good information here.
Press coverage here.
The longer movie is due out in 2017, but it’s very nice to have this short film and supporting website available now as an antidote to all of the Goldwater blitz.
Here is the letter withdrawing “Jurisdiction of State and Tribal Courts in Child Protection Matters,” 2004 Op. Att’y Gen. No. 1:
The 2004 opinion is here (PDF).
The relevant Alaska precedent — State v. Native Village of Tanana, 249 P.3d 734 — is here:
State v. Native Village of Tanana