Tag Archives: Utah Court of Appeals

Qualified Expert Witness Case out of Utah Court of Appeals [ICWA]

Here. In this case, the GAL petitioned to remove the child from the mother’s care. This GAL has considerable issues with the application of ICWA: The GAL argued that since ICWA does not explicitly define what qualifies a witness as … Continue reading

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

Child Welfare Jurisdiction Case out of Utah

Here The child welfare case did not fall under ICWA because the child was not as a member or eligible for membership in the tribe, so the Court used the UCCJEA to determine jurisdiction.

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

Utah Court of Appeals ICWA Active Efforts Case

Here. Contrary to Father’s assertions, the testimony of the ICWA expert witness from the Navajo tribe does not undermine the juvenile court’s determination that further services directed to Father would be futile. The ICWA expert witness testified that she tried … Continue reading

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

Utah Appeals Court Denies Transfer to Tribal Court

Granted, it’s a strange and short decision about voluntary relinquishment. But we post it as another example of what state courts do when a tribe allows a case to go forward in state court and then moves to transfer at … Continue reading

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

Article on Judge Thorne’s Retirement from the Bench

Here. As a side note, Judge Thorne spent the last few days in Montana, doing an incredible job encouraging the tribes and state to work together to find ways to achieve better outcomes for Indian kids. Given the work he … Continue reading

Posted in Author: Kate E. Fort, Child Welfare, ICWA, judges, News, tribal courts | Tagged ,

Utah Appellate Court Decides ICWA Case

Here is the as-yet unpublished opinion in In re M.J. An excerpt: A.J. and J.J. (Mother and Father, respectively) appeal the juvenile court’s order terminating their parental rights in M.J. and S.J. (the Children). On appeal, Mother and Father argue … Continue reading

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

Utah Appellate Court Affirms Conviction of Man Claiming Indian Status (with No Blood Quantum)

Oh, and Rule 11 sanctions for failing to raise adverse authority regarding this unusual claim. Here is the unpublished decision in State v. Clark.

Posted in Author: Matthew L.M. Fletcher, Criminal, Research | Tagged , ,

Utah Court of Appeals Forces Lower Court to Comply with ICWA

Here is the opinion in State of Utah in the Interest of C.D. et al. from the Utah Court of Appeals. An excerpt: The juvenile court’s December 5, 2007 Findings of Fact, Conclusions of Law, and Adjudication Order is affirmed … Continue reading

Posted in Author: Matthew L.M. Fletcher, Research | Tagged ,