Tag Archives: notice

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 For reference, so far this year California has had 48 unpublished notice decisions and 19 unpublished inquiry decisions.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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2018 ICWA Agents for Notice Includes Incorrect Contact Information

ETA: This is NOT limited to California I have received word that some information in the 2018 Fed Reg ICWA Agents for Notice publication is completely (and wildly) incorrect, even though the information in 2017 was correct (and hadn’t changed): “It … Continue reading

Posted in Author: Kate E. Fort, Child Welfare, ICWA | Tagged , , , | 2 Comments

2018 Designated Agents for ICWA Service

Here! Apparently last year I threatened some of you with embarrassment if you didn’t use these, which I’m not doing this year (but seriously, use these. Do not send notice to the tribal newspaper [yes, that has happened]).  

Posted in Author: Kate E. Fort, Child Welfare, ICWA | Tagged , , | 2 Comments

ICWA Notice Decision in the Colorado Court of Appeals

Opinion here This is a fairly standard notice decision, but the instructions on remand are the kind that more courts of appeals need to provide in ICWA cases. As they are nearly four full pages long, I’m not quoting them … Continue reading

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Tribal Consultation on the Proposed AFCARS Changes

Here is the letter sent today: Tribal Consultation Notification 4-16-2018 This is on the proposed changes to the Adoption and Foster Care Analysis and Reporting System (AFCARS), the way the feds collect from the states on adoption and foster care. … Continue reading

Posted in Author: Kate E. Fort, ICWA | Tagged , , , , , , | 1 Comment

Montana Supreme Court: State has Duty to Actively Determine if Child is Indian Child

Here. In this case, as early as 2014, the State, through the Department, had reason to believe and, as asserted in its various petition averments and request for the District Court to proceed under ICWA, did believe that L.D. was … Continue reading

Posted in Author: Kate E. Fort, Child Welfare, ICWA | Tagged , , , , , , , | 3 Comments