ICWA: Victory for Tribes as Judge Reaffirms South Dakota Decision

The class action case is now in its third year, having been filed in March 2013 by three Indian mothers and the Oglala and Rosebud Sioux Tribes in South Dakota to address ongoing violations in that state. According to tribal officials and advocacy groups, approximately 750 Indian children a year are swept into foster care, … Read more

Title IV-E Conference Calls Scheduled for March 8th and 10th

From the National Indian Child Welfare Association: On February 12, 2016, the Children’s Bureau of the U.S. Department of Health and Human Services announced two tribal consultation calls regarding a new round of Title IV-E Foster Care program development grants. Title IV-E funds placement activities related to foster care, relative guardianship, adoption, and independent living services. … Read more

Gila River Indian Community v. Department of Child Safety, December 8, 2015 (Arizona)

Synopsis provided by Westlaw: Indian community moved to change child’s custody from foster home to aunt. After an evidentiary hearing, the Superior Court, Maricopa County, No. JD 510468, Shellie F. Smith, Judge Pro Tem, denied the motion. Holdings provided by Westlaw: The Court of Appeals, Downie, J., held that: [1] as a matter of first … Read more

In re Doe, February 1, 2016 (Idaho)

Synopsis provided by Westlaw: In adoption proceedings in which Indian tribes intervened, claiming the child at issue was an Indian child protected by the Indian Child Welfare Act (ICWA), the 7th Judicial District Court, Bonneville County, Ralph L. Savage, Magistrate Judge, determined that child was not an Indian child, granted adoption, and granted attorney fees … Read more