Tag Archives: notice

Reason to Know Decision from Washington Court of Appeals [ICWA]

Here. ICWA and WICWA require a court conducting a 72-hour shelter care hearing to inquire whether the child is or may be an Indian child. A court substantially complies with that requirement if prior to the hearing the Department has … Continue reading

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

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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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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Notice Case out of Alabama [ICWA]

Here. Sometimes even I am struck dumb by the notice cases: A second form, dated in 2017 and signed by C.L.B., was also introduced into evidence. C.L.B. testified that his mother had assisted him in completing the 2017 form. On … Continue reading

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2019 ICWA Agents for Notice

Here This year’s version appears to correct the mistakes in the 2018 list. That means it is even more important to share this year’s list of agents for notice.

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

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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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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Rare Published Notice Opinion out of California Court of Appeals

In re EH (Fourth District, 1st Div). For reference, so far this year California has had 48 unpublished notice decisions and 19 unpublished inquiry decisions. This is the first published notice case this year. We agree with Mother that, considering Sally … Continue reading

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Montana Supreme Court ICWA Notice Case

Here ¶28 In this case, CPS Lebrun’s testimony that an unidentified person orally confirmed that “they are not eligible, just they can only be descendent members” does not satisfy the Department’s ICWA burden. As a direct result of the Department’s … Continue reading

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North Carolina “Reason to Know” ICWA Notice Case

Here. *Whether the evidence presented at the adjudication hearing should have caused the trial court to have reason to know an “Indian child” may be involved and trigger the notice requirement is the issue before us. The federal regulations implementing … Continue reading

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