Tag Archives: termination of parental rights

Wisconsin Speakers Taskforce on Adoption Looking at Speeding up Adoptions

Press releases: Speakers Taskforce on Adoption Membership 052919 Speakers Taskforce on Adoption 051419 Any tribal member and/or tribe can give testimony on this issue here: Thursday, July 25, 2019 Unity School District Performing Arts Center 1908 150th St. Balsam Lake, … Continue reading

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

ICWA Termination of Parental Rights Case out of Texas Court of Appeals

Opinion here. On October 4, 2018, a federal district court in the Northern District of Texas issued an order declaring that portions of the Indian Child Welfare Act, including its placement preferences, are unconstitutional for several reasons, including that it … Continue reading

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Montana Supreme Court ICWA Case

Here. The Montana Supreme Court continues to apply Baby Girl to absent fathers involved in state initiated proceedings, and not apply ICWA when terminating their rights. Appellant Brief Appellee Brief Appellant Reply

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Consent to Termination of Parental Rights Decision in Michigan Supreme Court

Opinion here The ICWA Appellate Clinic co-represented the tribe in this case. This case involves a complicated question of state statute interpretation regarding a voluntary consent to a termination of parental right in the face of a state termination petition. … Continue reading

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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

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Briefing Completed in Michigan Indian Family Preservation Act Case

At the Michigan Supreme Court: Order Granting Review Appellant (Father)’s Brief Appellee (Macomb County/State)’s Brief Sault Tribe Amicus Brief (MSU Indian Law Clinic, ICWA Appellate Project co-wrote this brief) American Indian Law Section_AmicusBrief Appellant Reply Oral Argument Scheduling Order

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Termination of Parental Rights Decision out of Wisconsin

Here The Wisconsin Court of Appeals affirmed a termination of parental rights decision under ICWA and WICWA using Adoptive Couple v. Baby Girl (finding abandonment/lack of continued custody by non-Indian father).

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ICWA Expert Witness Case out of Colorado

Opinion here. The Colorado Court disagrees with holdings in Montana and Michigan on the same issue–what does a qualified expert witness have to say for it to count under 25 U.S.C. 1912(f). Congress’s primary reason for requiring qualified expert testimony … Continue reading

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ICWA Inquiry Case out of Colorado Court of Appeals

Here. To decide if the trial court complied with ICWA, we must answer a question that has yet to be decided in Colorado: When a trial court inquires at an initial temporary custody hearing at the commencement of the dependency … Continue reading

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Termination of Parental Rights ICWA Case Out of Missouri

Here. This case is illustrative of a lot of the things we talk about regarding practicing in an unfamiliar forum, and getting objections on the record. The Tribe (Nenana Native Village) brought an appeal regarding the termination of parental rights, … Continue reading

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