Tag Archives: placement preferences

Application of ICWA to Guardianship in South Dakota Supreme Court

Here

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

Placement Preferences/Active Efforts (ICWA) Case from South Dakota Supreme Court

InreMD Footnote 4: 4. We are aware of the recent decision of the United States District Court for the Northern District of Texas holding parts of ICWA, including its placement preferences, unconstitutional. Brackeen v. Zinke, No. 4:17-cvoo868-0, 2018 WL 4927908 … Continue reading

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CILS Presentation at Cahuilla on Tribal Homes for Foster Placement, Sept. 11

Here. Presentation is by one of the many excellent CILS attorneys–Mica Llerandi.    

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

Montana Supreme Court ICWA Case on Termination Standards

Here Appellant M.D. (Father) challenges the Thirteenth Judicial District Court’s decision to terminate his parental rights to his minor child, A.L.D. Father contends that the State of Montana’s Department of Public Health and Human Services (Department) did not provide the … Continue reading

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

Placement Preference Case out of California

Here It’s not clear from the docket who requested this case be published from Nov. 29, but tribal attorneys should take note of the reasoning in the section regarding the tribal government’s ability to change ICWA’s placement preferences. This is … Continue reading

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

Two ICWA Cases from the Michigan Court of Appeals

Unreported Notice case (parent challenge, no indication child was eligible for tribal citizenship): In re Applewhiate Reported case: In re JJW_Opinion The MSU Indian Law Clinic/ICWA Appellate Project co-authored the Tribe’s brief in In re JJW.

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

Sixth Circuit Decision on Title IV-E Maintenance Payments to Kinship Placements

Here. Not an ICWA/Indian child case, but one that is important nonetheless given its ruling ensuring Title IV-E maintenance payments. The lack of these payments sometimes make kinship care very difficult on relative placements–Title IV-E maintenance payments cover, among other things, the … Continue reading

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

Cert Opposition Briefs Filed in In re Alexandria P. SCOTUS Petition

Briefs are here. Case page is here. This is the case out of the California Court of Appeals (California Supreme Court denied review) that garnered a lot of media attention regarding the change in placement of a Choctaw girl in … Continue reading

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

Cert Petition Filed by Foster Parents in the Alexandria P. Case

Petition here. Previous coverage and case documents here. After the California Court of Appeals upheld Alexandria’s placement with her family in Utah, the foster parents appealed to the California Supreme Court. The California Supreme Court decided against review. Though there … Continue reading

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

California Supreme Court Denies Review in In re Alexandria P. (Choctaw ICWA Case)

Docket here. Documents and previous coverage here.  

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