Native American Rights Fund

Native American mothers whose children have been separated from them experience a raw and ongoing grief that has no end

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Native American mothers whose children were separated from them – either through child removal for assimilation into residential boarding schools or through coerced adoption – experience the kind of grief no parent should ever feel. Yet theirs is a loss that is ongoing, with no sense of meaning or closure. Read the full article at The Conversation.

Where the money goes: Foster families get paid, relatives caring for children get nothing

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A quarter of all foster children in 2021 were placed in kinship care, with Native American children accounting for 53% of the kinship placements, according to the National Data Archive on Child Abuse and Neglect. Bruner and other kinship families say the lack of support is a massive barrier preventing others from accepting a kinship placement. Foster … Read more

The challenges of enforcing ICWA

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A non-Native woman in Alaska refuses to abide by a tribal court order to turn an Alaska Native foster child over to the girl’s family members. It’s a blatant disregard of tribal sovereignty even after a notable re-affirmation of the Indian Child Welfare Act by the U.S. Supreme Court. The woman took custody of the … Read more

FireLodge employees work together to help

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Citizen Potawatomi Nation’s FireLodge Children & Family Services works to protect children and vulnerable adults who are at risk of being abused or neglected, providing services such as court advocacy, investigations, prevention services, parenting education, counseling, foster home approval and adoption.  Read the full article at Potawatomi.org

Senators Ben Ray Luján, Susan Collins Reintroduce Legislation to Protect Native American Children

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U.S. Senators Ben Ray Luján (D-N.M.) and Susan Collins (R-Maine) reintroduced the Native American Child Protection Act (NACPA), bipartisan legislation that authorizes three programs that ensure Tribes have the tools needed to treat, prevent, investigate and prosecute Native American child abuse and neglect. Read the full article at the Los Alamos Daily Post.

Montana acts to protect Native American priority in adopting Native children

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Montana Gov. Greg Gianforte has signed legislation giving Native American families preference in fostering and adopting Native children involved with child protective services, a proactive move to protect such rights as the U.S. Supreme Court considers a case that could undercut them nationally. Read full article at Religion News Service.

The implications of the case against ICWA

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The Supreme Court is about to decide on a case arguing that the Indian Child Welfare Act, or ICWA, discriminates against white people. The lawsuit seeks to reframe tribal membership as a racial rather than a political category, and argues that it disadvantages white foster parents trying to adopt Native children. This week, Rebecca Nagle, host of the This Land … Read more

Bills would ensure guardianship cases in tribal court are eligible for state assistance

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Right now, people who become a child’s legal guardian aren’t eligible for state assistance if their case is in a Michigan tribal court. Two bills in the state legislature would change that. They would extend the financial benefits of the Guardianship Assistance Program to all legal guardians, regardless of what court handles their case. Read … Read more

Northern California County’s Child Welfare System Again Called out by Civil Grand Jury

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A report released Monday by a northern California civil grand jury finds that the local child welfare system routinely misses court deadlines, creating “an unnecessary amount of stress” for children and families — particularly members of tribal communities who are overrepresented in the foster care system. Read the full article at The Imprint.

Oklahoma can place some tribal children in foster care without tribal sign-off, state high court rules

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In a novel ruling, the Oklahoma Supreme Court found the exclusivity does not cover children who belong to one tribal nation but live on the reservation of another. The state can assert decision-making power over the lives of those children without the consent of the reservation tribe, the court determined. Read the full article at … Read more

Oklahoma Supreme Court’s opinion challenging parts of the Indian Child Welfare Act is flawed, experts say

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The Oklahoma Supreme Court used the reasoning of the 2022 ruling in Castro-Huerta v. Oklahoma, which rolled back parts of McGirt, to come to their decision. The Oklahoma Supreme Court say that states have jurisdiction over child custody proceedings, and ICWA only limits the state’s jurisdiction when a member child is on their tribe’s reservation. Read the … Read more

Minnesota moves to protect Native children as Supreme Court decision looms

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Uncertainty about the future of ICWA brought urgency to legislative efforts this year to strengthen the Minnesota Indian Family Preservation Act or MIFPA. Lawmakers in both houses passed the legislation and Governor Walz is expected to sign it. “MIFPA legislation creates basically the gold standard of protection for our native kids,” said State Senator Mary … Read more

NICWA Training Institute – June 2023

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NICWA’s June 2023 Training Institute will be held in St. Paul, Minnesota June 6 – 8, 2023. Trainings include Child Protection Teams in Indian Country and Positive Indian Parenting. Early bird registration is available through May 5 at the registration website. Learn about this and other upcoming training institutes at the NICWA website.

Overturning Indian Child Welfare Act bad for kids, families, Native Americans everywhere

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Let me be clear, this law is not about preventing non-Native families from adopting children when the situation and best interests of the child call for it. It’s about keeping families together whenever possible; it’s about fighting for the futures of Native American children; and it’s about giving tribes a long-awaited seat at the table. … Read more

North Dakota bill seeks to protect Native American adoption rules as court decision looms

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Davis said the potential reversal of ICWA at the federal level adds urgency to her mission to pass a similar state law in North Dakota. The Democratic legislator said all five tribes that share geography with North Dakota were consulted during the drafting of House Bill 1536. Read the full article at InForum.

Justice Department Finds Alaska Unnecessarily Segregates Children with Behavioral Health Disabilities in Institutions

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The department’s investigation found that Alaska’s system of care is heavily reliant on institutions and that key community-based services and supports needed to serve children with behavioral health disabilities in family homes, such as home-based family treatment, crisis services and therapeutic treatment home services, are often unavailable. As a result, many children with behavioral health … Read more

Choctaws fight to preserve authority over Native American adoptions

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“As the only federally recognized tribe in the State of Mississippi, our 11,000 plus members are descendants of those members who chose to remain here in Mississippi to preserve our cultural heritage on our ancestral homelands,” the tribe said in a statement. “Today, just as in the past, the preservation and security of our tribe, … Read more

NICWA Releases New State of American Indian and Alaska Native Children and Families Report

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The State of American Indian and Alaska Native Children and Families Report is a six-part series of data briefs that presents current data on American Indian and Alaska Native (AI/AN) child and family well-being. Each data brief covers an aspect of well-being data, including economic indicators, adverse childhood experiences (ACEs), child welfare system involvement, mortality … Read more

California Tribal Families Coalition Establishes “The California ICWA Institute” Think Tank

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On the heels of oral arguments before the United States Supreme Court on the Indian Child Welfare Act (ICWA), an organization comprised of a coalition of California tribes on Nov. 21 announced its creation of a think tank to advance and defend protections for Native children. The California ICWA Institute—a new project under The California Tribal … Read more

Utah lawmakers want to protect Native American adoptions — no matter how the Supreme Court rules

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If the law is stricken, Utah legislators talked Tuesday about plans to enact a nearly identical version statewide that would codify the same preference for continuing to place Native kids with Native foster parents. The Native American Legislative Liaison Committee voted unanimously in support of running that bill for the upcoming session that starts in January. Read … Read more

Alaska could see effects of Indian Child Welfare Act challenge heard by Supreme Court

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And because Native children represent about 55% of all children in state custody, Chen says overturning ICWA would have huge implications for Alaska. At the same time, Native people only make up a little over 20% of the population, so there’s a disparity, she says, and a feeling that the state hasn’t done enough to … Read more

The Indian Child Welfare Act: What it is and What’s at Stake

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The law, known as ICWA, includes many other provisions that impact Native families across Indian Country. What ICWA will look like following the Supreme Court’s decision depends on how the justices rule. Amicus curiae briefs filed in the case cover arguments made for and against the law.  Read the full article at Native News Online.

The Supreme Court Case That Could Break Native American Sovereignty

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In the sprawling federal lawsuit Haaland v. Brackeen, a handful of white foster parents, among other plaintiffs, are asking the Supreme Court to overturn a law called the Indian Child Welfare Act. ICWA was created in 1978 to prevent family separation in Native communities. When the law passed, about a third of Native children had been removed from … Read more

Supreme Court considers fate of landmark Indian adoption law

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The U.S. Supreme Court hears arguments Wednesday in a case that pits several prospective adoptive parents and the state of Texas against the Indian Child Welfare Act — a federal law aimed at preventing Native American children from being separated from their extended families and their tribes. Listen to the full story at the NPR … Read more

Clarence Thomas May Destroy Native Children’s Rights Based on a Lie

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On Wednesday, the Supreme Court will hear arguments in Brackeen v. Haaland, a case engineered to hobble the federal government’s power to protect Native communities from exploitation. The plaintiffs are asking the justices to invalidate the 44-year-old Indian Child Welfare Act, which prioritizes the placement of Native children in custody proceedings with Native families. But they’re … Read more

Tribal leaders vow to protect their families from separation as Indian Child Welfare law heads to the Supreme Court

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California’s Morongo Band of Mission Indians is one of five tribes that have intervened in the Brackeen v. Haaland case, scheduled for oral arguments Nov. 9. The tribesspoke out this week alongside leaders of the Oneida Nation of Wisconsin, the Quinault Indian Nation of Washington, the Cherokee Nation of Oklahoma and the Navajo Nation.  Read the … Read more

Hownikan Podcast: Brackeen v. Haaland and the Indian Child Welfare Act

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Kendra Lowden is a Citizen Potawatomi Nation member and Curly family descendant. She works as the Senior Program Associate at the University of Denver’s Graduate School of Social Work. She is the owner of Ghost Thunder Child Welfare Consulting and previously served as the Board President of the Oklahoma Indian Child Welfare Association. Kendra discussed … Read more

Current Supreme Court term could impact South Dakota tribes

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Brackeen v. Haaland is a case centering around the Indian Child Welfare Act of 1978 (ICWA), which focuses on assimilation, tribal culture and the adoption of Native children. Across the country, tribes are watching this case unfold to see how it will impact tribal sovereignty and the relationship between tribes and the federal government. Read the … Read more

Can Indian Country withstand the new Supreme Court?

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On Nov. 9, the eyes of Indian Country will once again turn toward the nation’s capital, where the Supreme Court will hear a challenge to the Indian Child Welfare Act (ICWA), a law passed in 1978 that enshrines tribal governments’ right to oversee foster care placements in cases involving Native children. Read the full article at … Read more

U.S. Representatives Chu and Bacon introduce bipartisan Indian child welfare legislation

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This week, Representative Judy Chu (CA-27) and Representative Don Bacon (NE-02) introduced the bipartisan Strengthening Tribal Families Act, legislation designed to assist state and local child welfare agencies with implementing the Indian Child Welfare Act (ICWA). ICWA, which sets federal standards for abuse or neglect custody proceedings involving native children, lessens the trauma of removal … Read more

Northern Arapaho tribe asks Wyoming for a state ICWA law as U.S. Supreme Court decision looms

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The proposed options could include drafting a trigger protection legislation. What that means is if the federal government does strike down ICWA, Wyoming could say ‘no, we will still follow the tenets of ICWA’. Or use the federal law as a template to draft a state law. Read or listen to the full article at … Read more

Pascua Yaqui & state of Arizona agree on roles in foster children cases ahead of Supreme Court decision

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Pascua Yaqui children taken into state custody in Arizona will continue to learn and grow up according to the tribe’s customs and traditions, and the tribe will still be able to intervene in custody proceedings such as adoptions and the termination of parental rights. The state and tribe signed a memo of understanding last week … Read more

First-of-its-kind Survey Examines Trauma and Healing Among Indigenous Survivors of Family Separation

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The Minneapolis-based National Native American Boarding School Healing Coalition, the First Nations Repatriation Institute, and the University of Minnesota are collaborating on a first-of-its-kind survey asking those difficult questions. Researchers have compiled close to 1,000 accounts, submitted on paper and online, for the Child Removal in Native Communities survey, which concludes September 11.  Read the full article … Read more

Lawyering the Indian Child Welfare Act

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This Article describes how the statutory structure of child welfare laws enables lawyers and courts to exploit deep-seated stereotypes about American Indian people rooted in systemic racism to undermine the enforcement of the rights of Indian families and tribes. Even when Indian custodians and tribes are able to protect their rights in court, their adversaries … Read more

Supporters File 21 Amicus Briefs to Uphold the Indian Child Welfare Act in Haaland v. Brackeen

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In an outpouring of support, 497 Tribal Nations, 62 Native organizations, 23 states and DC, 87 congresspeople, and 27 child welfare and adoption organizations, and many others signed on to 21 briefs submitted to the U.S. Supreme Court in favor of upholding ICWA. This large, bipartisan coalition of tribal leaders, policymakers, and organizations understand that the far-reaching … Read more

Upcoming Trainings from the National Indian Child Welfare Association

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The National Indian Child Welfare Association is offering the following programs: Positive Indian Parenting – Virtual August 22-25, 2022; September 12-15, 2022 Positive Indian Parenting – Niagara Falls, New York September 20-22, 2022 Understanding ICWA – Niagara Falls, New York September 20-22, 2022 Qualified Expert Witness – Portland, Oregon January 31- February 2, 2023 Cross-Cultural … Read more

Historic Alaska Tribal Child Welfare Compact becomes Law

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On Friday, August 5, HB 184, a bill codifying the Alaska Tribal Child Welfare Compact, automatically became State law without the Governor’s signature. The Alaska Tribal Child Welfare Compact began in 2017, under Governor Bill Walker and HSS Commissioner Valerie Nurr’araaluk Davidson, who signed the landmark State-Tribal Compact with 18 Tribal Co-Signers, representing 161 federally-recognized Tribes. … Read more

Advocates worry federal law protecting Native adoptees could be overturned by Supreme Court

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For the last 44 years, a federal law called the Indian Child Welfare Act (ICWA) has sought to prevent these situations by prioritizing that Native children adoptees be placed, when possible, with Native relatives or other members within the child’s tribe. But after months of consequential rulings by the U.S. Supreme Court’s right-wing majority, four … Read more

Realizing ICWA’s promise

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Repairing and strengthening Indian Country’s ancestral social safety net Indian Country Today Opinion by: -Tara ‘Katuk’ Sweeney, Iñupiat member of the Native Village of Barrow and the Iñupiat Community of the Arctic Slope and Assistant Secretary of the Bureau of Indian Affairs, U.S. Department of the Interior -Jeannie Hovland, Flandreau Santee Sioux Member and Commissioner … Read more

Webinar: Indian Child Welfare: Practice Impacts and Responses to COVID-19 in State Agencies

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Join NICWA for a webinar with state Indian child welfare professionals to hear discussions about impacts to state agency services and implementation of the Indian Child Welfare Act during the pandemic. Panelists:-Yvonne Barrett, Manager of Indian Child Welfare Act Program, Minnesota Department of Human Services-Adam Becenti, Director of Tribal Affairs, Oregon Department of Human Services-Natalie … Read more

Court focuses on Native idea of family

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Under the direction of Children, Youth and Families Secretary Brian Blalock, state leaders announced in October the creation of New Mexico’s first Indian Child Welfare Act court. Only the nation’s sixth, the court opened Jan. 1 in the 2nd Judicial District to enforce and adjudicate the 1978 congressional law that requires the placement of Native … Read more

CYFD forging ahead with Native American court, kinship care to improve child welfare

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CYFD, in an effort to align with the Indian Child Welfare Act (ICWA) — a congressional law that aims to keep Native American children with Native families — created an all-woman, all-Native American ICWA unit within the child protective services division. Additionally, the state’s first — and only the nation’s sixth — ICWA court officially … Read more

The Necessity of the Indian Child Welfare Act : A case now before the Fifth Circuit threatens to upend the laws that enable Native self-governance.

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The case centers on the Indian Child Welfare Act (ICWA), which was designed to protect American Indian communities against state-led efforts to break up Native families. The challengers in the case—several Republican-led states and non-Native families seeking to adopt Native children—are attempting to invalidate ICWA’s restrictions on breaking up Native families and on non-Native families … Read more

Tribe, state look for ways to improve child protective services

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Northern Arapaho leaders and state officials are looking for ways to improve a child protective services program that the tribe says needs more money from the state to be more effective. Gov. Mark Gordon and Northern Arapaho Tribe leaders met last week to discuss the tribe’s child protective and social services, which is funded with … Read more

Bipartisan, Bicameral Group of Lawmakers File Amicus Brief Supporting the Indian Child Welfare Act

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The amicus brief urges the Fifth Circuit to uphold the court’s previous decision affirming the constitutionality of IWCA. The decision the Fifth Circuit issued in August reversed an unprecedented ruling from the U.S. District Court for the Northern District of Texas which wrongly struck down ICWA as unconstitutional. Read the full press release and view … Read more

Indian Child Welfare Act court hearing scheduled for January 2020

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Get ready for round two. Oral arguments in a closely-watched Indian Child Welfare Act case will take place on January 22, 2020. After offering a tentative date last month, 5th Circuit Court of Appeals made it official on Wednesday. The case known as Brackeen v. Bernhardt will go before an en banc panel of judges … Read more

Seeking Native American foster parents for the first-of-its-kind “Simply Smiles Children’s Village” on the Cheyenne River Reservation

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Simply Smiles, Inc. is seeking Native American foster parents for the Simply Smiles Children’s Village on the Cheyenne River Sioux Tribe Reservation (South Dakota). … Native foster parents at the Simply Smiles Children’s Village will ensure that Native children who have been removed from their homes on Cheyenne River can remain with their “kin and … Read more

Indian child welfare legal challenge is about ending tribal sovereignty

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Attacks on the law, enacted in 1978, have inexplicably risen in the past seven years and attracted the support of a seemingly disparate array of high power ultra conservative players and organizations. Today’s challenges to the child welfare protocols aren’t only about adoption because if the Indian Child Welfare Act is found to be unconstitutional … Read more

38th Annual Protecting Our Children National American Indian Conference on Child Abuse and Neglect

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March 29–April 1, 2020Denver, Colorado Each year, NICWA hosts the largest national gathering on American Indian and Alaska Native (AI/AN) child advocacy issues. With over 1,400 attendees—and growing every year—this four-day conference has become the premiere national event addressing tribal child welfare and well-being. Keynote speakers range from federal officials at the highest level of … Read more

Pima County considering new court for American Indian child welfare cases

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Pima County Superior Court Judge Kathleen Quigley said having an ICWA court would allow a legal team to specialize in these cases, much like with a mental health or drug court. “Instead of having 14 judges deal with ICWA cases, we’d have one judge who would deal with it the same way, so everybody could … Read more

Montana view: Child Welfare Act court making a difference

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The Yellowstone County District Court is working to improve the outcome for Native children with the Indian Child Welfare Act Court launched 18 months ago with Judge Rod Souza presiding. It is one of only six ICWA courts in the nation. Read the full article at the Montana Standard website.

Who Should Be Allowed To Adopt Native American Children?

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Native American tribes got a big win in August when a federal court upheld the Indian Child Welfare Act, a pivotal 1978 law that requires states to prioritize placing Native children in foster or adoptive homes with Native families over non-Native families.  But the decision by a three-judge panel of the U.S. Court of Appeals … Read more

Tribal families get priority in Native American adoptions. An appeals court will decide whether that’s fair.

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In the 40 years since Congress enacted the Indian Child Welfare Act, the law has been criticized in legal challenges that have climbed all the way to the U.S. Supreme Court. But the ICWA, as the act is known, has always prevailed. Now its constitutionality is being questioned again. On Thursday, the U.S. Court of … Read more

‘We’re under attack’: Tribes defend Indian Child Welfare Act in critical case

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After initially deciding the closely-watched case in favor of Indian Country, the 5th Circuit Court of Appeals announced that it will hear the dispute all over again. A larger set of judges will now scrutinize the landmark law but tribal nations remain confident that their sovereign rights and their most precious resource — their children — will win … Read more

The complicated nature of Native American adoptions: Does a Utah court ruling conflict with federal law?

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More than 40 years after the federal law took effect, the child welfare system continues to absorb a disproportionate number of Native American children nationally and in Utah, noted Alisa Lee, Indian child welfare program administrator for the Utah Division of Child and Family Services. Data provided by Lee’s office shows that roughly 5% of … Read more

Records Show Petersen’s Firm Planned Native Adoption, Raising Legal Questions

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Emails to the adoptive family from the director of Bright Star Adoptions, an adoption firm for which Petersen served as general counsel, suggest that concerns came up about the firm’s compliance with the Indian Child Welfare Act following Petersen’s arrest. Read the full article at the Phoenix New Times website. Read related news: “Indigenous Lawmakers … Read more

The U.S. stole generations of Indigenous children to open the West

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Carlisle, and boarding schools like it, are remembered as a dark chapter in the history of the ill-conceived assimilation policies designed to strip Native people of their cultures and languages by indoctrinating them with U.S. patriotism. But child removal is a longstanding practice, ultimately created to take away Native land. Although Carlisle is located in … Read more

Protecting Native American Children

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In ‘Brackeen v. Bernhardt’, decided on Aug. 9, 2019, the U.S. Court of Appeals for the Fifth Circuit held that the Indian Child Welfare Act was constitutional. We applaud the Fifth Circuit for upholding this federal law that is vital to safeguarding the welfare of Indian children. Read the full article at the New York … Read more

Advocates raise red flag on proposed repeal of majority of Nebraska child welfare regulations

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Nearly 200 pages of child welfare regulations are proposed for repeal by the Nebraska Department of Health and Human Services, and will be replaced by less than a dozen pages of regulations on adoption, the Indian Child Welfare Act and alternative response. Read the full article at the Beatrice Daily Sun website.

‘A historic leap forward’: ND tribes sign updated agreement with state over child welfare services

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The leaders of four American Indian tribes in North Dakota have signed a new agreement with the state over federal funding for child welfare services, including allowing tribes to license foster care parents on and off reservations. Read the full article at the Bismark Tribune website.

Indian Country Fights to Protect Its Children and Preserve Its Sovereignty

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As president of both the Quinault Nation and the Affiliated Tribes of Northwest Indians, Fawn Sharp is a busy person. As of late, much of her time has been dedicated to the fight for Native children and, more broadly, tribal sovereignty. Sharp knows firsthand how difficult it is for Native parents hoping to provide a … Read more

Navajo Nation v. Department of Child Safety, April 18, 2019 (Court of Appeals of Arizona)

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Synopsis provided by Westlaw: After child, a member of a Native American tribe, was removed from biological mother’s care by Department of Child Safety, mother moved to appoint child’s foster placement, who was not affiliated with child’s family or tribe or any Native American organization, as child’s permanent guardian, and tribe indicated that mother or … Read more

Mitchell v. Preston, April 16,2019 (Supreme Court of Wyoming)

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Synopsis provided by Westlaw: Following extensive litigation in child custody action, 2018 WY 110, 426 P.3d 830, father, an Indian tribe member who kept child on reservation, filed motion to establish jurisdiction in tribal court and motion for change of venue, seeking an order relinquishing permanent child custody jurisdiction to the tribal court. Mother, who was … Read more

Matter of Guardianship I.L.J.E., December 12, 2018 (Supreme Court of South Dakota)

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Synopsis provided by Westlaw: Brother and sister-in-law of mother killed by child’s father petitioned for guardianship of child, but father requested that his sister, a Native American, be appointed guardian of child, who was an enrolled member of a tribe. The Circuit Court, Third Judicial Circuit, Brookings County, Gregory J. Stoltenburg, J., granted brother and sister-in-law’s … Read more

In re Shirley T., January 3, 2019 (Supreme Judicial Court of Maine)

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Synopsis provided by Westlaw: In child protection proceeding involving children deemed to be Indian children under the Indian Child Welfare Act (ICWA), parents and Indian tribe moved to transfer jurisdiction of matter to Tribal Court. The Portland District Court, Powers, J., denied the motions. Parents appealed. Holding provided by Westlaw: The Supreme Judicial Court, Gorman, J., … Read more

In re Interest of Mercedes L., January 15, 2019 (Court of Appeals of Nebraska)

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Synopsis provided by Westlaw: In child protection proceedings, the County Court, Platte County, Frank J. Skorupa, J., approved a change in permanency objective for mother and each of her six minor children from reunification to guardianship. Mother appealed, and appeals were consolidated. Holdings provided by Westlaw: The Court of Appeals held that: 1) orders issued by … Read more

In re. L.D. v. M.J., January 24, 2019 (Court of Appeals of California)

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Synopsis provided by Westlaw: County department of family and children’s services filed juvenile dependency petition on behalf of nine-year-old child who may have Native Alaskan ancestry. The Superior Court, Santa Clara County, No. 17JD024833, Michael L. Clark, J., found sufficient notice was sent, pursuant to the Indian Child Welfare Act (ICWA), to Athabascan Indian tribe … Read more

In re Interest of Audrey T., January 29, 2019 (Court of Appeals of Nebraska)

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Synopsis provided by Westlaw: State filed an adjudication petition alleging that mother was unable to meet child’s basic needs for care and protection, mother used inappropriate discipline, and mother’s mental-health issues put child at risk of abuse and/or neglect. The County Court, Scotts Bluff County, James M. Worden, J., entered an order placing temporary custody of … Read more

Interest of D.E.D.I, January 31, 2019 (Court of Appeals of Texas)

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Synopsis from Westlaw: Father appealed order of 446th District Court, Ector County, terminating his parental rights to Indian child. Holding from Westlaw: The Court of Appeals, Jim R. Wright, Senior Chief Justice, held that trial court was able to determine that Indian tribe’s representative was qualified as an expert witness. Affirmed. Read the full decision … Read more

Matter of S.R., February 21, 2019 (Supreme Judicial Court of Montana)

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Synopsis provided by Westlaw: Department of Public Health and Human Services petitioned to terminate mother’s parental rights to children. The District Court, Silver Bow County, Brad Newman, J., terminated rights. Mother appealed, arguing that District Court had possessed reason to know that children could have been eligible for tribal enrollment so as to trigger Indian Child … Read more

People in Interest of M.D., November 20,2018 (Supreme Court of South Dakota)

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Synopsis provided by Westlaw: Native American father’s parental rights to child were terminated, following dispositional hearing in the Second Judicial Circuit Court, Minnehaha County, Susan M. Sabers, J., and father appealed. Holdings provided by Westlaw: The Supreme Court, Gilbertson, C.J., held that:1) evidence did not support father’s claim that Department of Social Services (DSS) did not make … Read more

In re E.R., October 10, 2018 (Court of Appeal, Second District, Division 6, California.)

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Synopsis provided by Westlaw: After Nevada juvenile court declined to exercise further jurisdiction after initially sustaining Nevada Department of Family Services (DFS) juvenile dependency petition, California county human services agency (HSA) filed juvenile dependency petitions in California, alleging that mother and father were unable to care for and protect their infant children and repeated allegations … Read more

Matter of L.A.G., October 16, 2018 (Supreme Court of Minnesota)

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Synopsis from Westlaw: Department of Public Health and Human Services filed petition for termination of mother’s parental rights as to her two minor children. Following termination hearing, the District Court, Cascade County, Nos. ADN 16-175 and ADN-16-176, Gregory G. Pinski, P.J., terminated mother’s parental rights. Mother appealed. Holdings from Westlaw: The Supreme Court, Beth Baker, J., … Read more

In re Adoption of Micah H., October 26, 2018 (Supreme Court of Nebraska)

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October 26, 2018 Synopsis from Westlaw: Maternal grandparents and guardians of minor child brought petition seeking to terminate parental rights and to adopt the child whose mother was member of Indian tribe. The County Court, Saunders County, Patrick R. McDermott, J., denied petition. Grandparents appealed.The Supreme Court, 295 Neb. 213887 N.W.2d 859, reversed and remanded. On … Read more

Demetria H. v. State, October 5, 2018 (Supreme Court of Alaska)

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Synopsis provided by Westlaw: Department of Health and Social Services, Office of Children’s Services, (OCS) petitioned to terminate mother’s parental rights to Indian child. The Superior Court, Third Judicial District,Anchorage, Andrew Guidi, J., terminated mother’s parental rights, and she appealed.  Holdings provided by Westlaw: The Supreme Court, Carney, J., held that:1) evidence was sufficient to support trial court’s … Read more

In re N.G., September 21, 2018 (Court of Appeal, Fourth District, Division 2, California.)

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Synopsis provided by Westlaw: After Department of Public Social Services (DPSS) sent Indian Child Welfare Act (ICWA) notices to the Blackfeet Tribe of Montana, the Navajo Nation, the Colorado River Indian Tribes, and the Colorado River Tribal Council, the Superior Court, Riverside County, No. RIJ1100389, Jean P. Leonard, Retired Judge, sitting by assignment, terminated mother’s parental rights. … Read more

In re Beers, September 11, 2018 (Court of Appeals of Michigan)

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Synopsis provided by Westlaw: A petition to terminate mother and father’s parental rights was filed. The Circuit Court, Family Division, Eaton County,No. 15-019320-NA, terminated mother and father’s parental rights. Parents appealed.  Holdings provided by Westlaw: The Court of Appeals, Murphy, P.J., held that:1) the trial court erred in failing to apply the Michigan Indian Family Preservation Act (MIFPA) … Read more

People in Interest of M.D., November 20, 2018 (Supreme Court of South Dakota)

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Synopsis provided by Westlaw: Native American father’s parental rights to child were terminated, following dispositional hearing in the Second Judicial Circuit Court, Minnehaha County, Susan M. Sabers, J., and father appealed. Holdings provided by Westlaw: The Supreme Court, Gilbertson, C.J., held that:1) evidence did not support father’s claim that Department of Social Services (DSS) did not make … Read more

Brackeen v. Zinke, October 4, 2018 (United States District Court, N.D. Texas, Fort Worth Division)

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Synopsis provided by Westlaw: Foster and adoptive parents and states of Texas,Louisiana, and Indiana brought action against United States, United States Department of the Interior and its Secretary, Bureau of Indian Affairs (BIA)and its Director, BIA Principal Assistant Secretary for Indian Affairs,Department of Health and Human Services (HHS) and its Secretary seeking declaration that Indian … Read more

Matter of D.E. August 7, 2018 (Montana)

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Synopsis provided by Westlaw: In child protection proceedings, the District Court, Second Judicial District, Butte/Silver Bow County, Nos. DN-15-75-BN and DN-15-76-BN, Brad Newman, J., terminated mother’s parental rights with respect to two children. Mother appealed, and appeals were consolidated. Holdings provided by Westlaw: The Supreme Court, Gustafson, J., held that: 1) Department of Public Health … Read more

In the Matter of: P.T.D. August 22, 2018 (Montana)

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Synopsis provided by Westlaw: Department of Public Health and Human Services, Child and Family Services Division, filed a petition to terminate putative father’s parental rights to child, who was a member of or eligible for membership in the Fort Peck Indian Tribe. The District Court, 12th Judicial District, Hill County, No. DN-15-010, Daniel A. Boucher, J., … Read more

In re C.A., May 23, 2018 (California)

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Synopsis provided by Westlaw: Dependency proceeding was initiated regarding child born with amphetamine and methamphetamine in her system at birth. Following determination that Indian Child Welfare Act (ICWA) did not apply to child’s presumed father or biological father, the Superior Court, San Diego County, No. J519280, Kimberlee Lagotta, J., terminated mother’s parental rights to child. Mother and … Read more

Court dismisses challenge to Indian Child Welfare Act [Carter v. Tahsuda]

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See the following stories: Judge upholds Indian Child Welfare Act (Arizona Daily Sun) 8/7/18,Court rejects challenge to Native American law on adoptions (Arizona Republic) 8/7/18, and Appeals court won’t rule on challenge on Indian Child Welfare Act (Indianz) 8/7/18. Read the court decision at the National Indian Law Library website.

1 year into Native foster care court, most kids taken from unsafe homes are placed in tribe-approved homes

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When social workers take a Crow, Northern Cheyenne, Assiniboine or Sioux child from their parents in Yellowstone County, 75 percent go to live somewhere with a Native connection — mostly to relatives … Read the full article at the Billings Gazette website.

Revised Indian Child Welfare Act; Designated Tribal Agents for Service of Notice

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A Federal Register Notice by the Indian Affairs Bureau made on 6/04/18. The regulations implementing the Indian Child Welfare Act provide that Indian tribes may designate an agent other than the tribal chairman for service of notice of proceedings under the Act. This notice includes the current list of designated tribal agents for service of … Read more

In Matter of L.D. March 27, 2018 (Montana)

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Synopsis provided by Westlaw: In child protection proceeding, the District Court, Eighth Judicial District, Cascade County, John A. Kutzman, J., terminated mother’s parental rights. Mother appealed. Holdings provided by Westlaw: The Supreme Court, Sandefur, J., held that: 1) Department of Health and Human Services could not passively rely on inaction of Indian tribe to satisfy burden under Indian … Read more

In the Matter of J.W.E., I.W.E., and J.W.E. April 11, 2018 (Oklahoma)

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Synopsis provided by Westlaw: The Department of Human Services filed petition to terminate mother’s parental rights. The District Court, Blaine County, Mark A. Moore, J., terminated mother’s rights and denied her motion for new trial that alleged that Indian Child Welfare Act (ICWA) applied to proceedings. Mother appealed. Holding provided by Westlaw: The Court of Civil Appeals, Jane … Read more

In re K.R v. E.K. February 22, 2018 (California)

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Synopsis provided by Westlaw: Dependency proceeding was initiated by county department of public social services regarding three children. The Superior Court, Riverside County, No. SWJ1600319, Judith C. Clark, J., determined that Indian Child Welfare Act (ICWA) did not apply and subsequently terminated mother’s parental rights to children. Holdings provided by Westlaw: The Court of Appeal, McKinster Acting P.J., held … Read more

In Interest of L.H. February 23, 2018 (Colorado)

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Synopsis provided by Westlaw: County department of human services sought to terminate mother’s parent-child legal relationship with her child who had possible Indian heritage. The District Court, Jefferson County, No. 15JV650, Ann Gail Meinster, J., determined that Indian Child Welfare Act (ICWA) did not apply and terminated mother’s parental rights. Mother appealed. Holding provided by Westlaw: The … Read more

Diego K. v. State of Alaska Department of Health and Social Services, February 23, 2018 (Alaska)

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Synopsis provided by Westlaw: Office of Children’s Services (OCS) petitioned for removal of Indian child from parents’ custody. The Superior Court, Fourth Judicial District, Bethel, No. 4SM-14-00002 CN, Dwayne W. McConnell, J., ordered child removed from her parents’ home. Parents appealed. The Supreme Court remanded for additional findings. Following remand, the Superior Court, McConnell, J., issued ordering clarifying … Read more

ICWA case denied at U.S. Supreme Court: R.K.B. et al., v. E.T.

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On March 26, 2018, the U.S. Supreme Court declined to hear this case: R.K.B. et al., v. E.T. Briefs and Pleadings Docket No. 17-942 Question Presented: The Indian Child Welfare Act of 1978, 25 U.S.C. 1901–1963, applies to state custody proceedings involving an Indian child. State courts of last resort are divided on the following … Read more

Legal experts say Miccosukee tribe overstepped authority in seizing baby from Miami hospital

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MIAMI — The Miccosukee nation insists that it acted lawfully when its tribal court issued a child-custody order, and then sent two tribal detectives to seize newborn Ingrid Johnson from her Indian mother at a hospital. But Indian law experts and two former Miccosukee police chiefs said they believe the tribe overstepped its authority. And … Read more

In the Interest of K.G. and A.R., November 29, 2017 (Colorado)

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Synopsis provided by Westlaw: Department of human services moved for an allocation of parental responsibilities of two children from mother to children’s aunt and uncle. The District Court, Mesa County, Valerie J. Robinson, J., entered an order allocating parental responsibilities, and did not address any applicability of the Indian Child Welfare Act (ICWA). Mother appealed. Holdings … Read more

In the Interest of K.S.D. , December 7, 2017 (North Dakota)

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Synopsis provided by Westlaw: County Social Services filed petition to terminate mother’s and father’s parental rights to Native American children. The Juvenile Court, Grand Forks County, Northeast Central Judicial District, Jon J. Jensen, J., terminated father’s parental rights, and father appealed. Holdings provided by Westlaw: The Supreme Court, Stacy J., Louser, District Court Judge, sitting for Jensen, J., disqualified, … Read more

R.K.B. et al., v. E.T. (Case Petitioned to the U.S. Supreme Court on 12/29/17.)

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Briefs and Pleadings Docket No. 17-942 Question Presented: The Indian Child Welfare Act of 1978, 25 U.S.C. 1901–1963, applies to state custody proceedings involving an Indian child. State courts of last resort are divided on the following critical question, a question that likely affects thousands of adoption proceedings each year, and on which this court … Read more

Article: Are you my father? Adopting a federal standard for acknowledging or establishing paternity in state court ICWA proceedings

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Title: Are you my father? Adopting a federal standard for acknowledging or establishing paternity in state court ICWA proceedings. Author: Heiner, Kevin Source: 117 Colum. L. Rev. 2151 (2017) Contact the National Indian Law Library if you need help obtaining a copy of the article.

A.D. v. Washburn, March 16, 2017 (U.S. Dis. Court, Arizona)

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Legal Topics: Indian Child Welfare Act – Unconstitutional Related News Stories: Indian Child Welfare Act survives attack from conservative groups (Indianz) 3/21/17 (Turtle Talk material), ICWA: Goldwater case thrown out of federal court (Indian Country Today) 3/21/17 Read the full decision at the National Indian Law Library website.  

Revised Indian Child Welfare Act; Designated Tribal Agents for Service of Notice

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A Federal Register Notice by the Indian Affairs Bureau made on 3/08/17. The regulations implementing the Indian Child Welfare Act provide that Indian tribes may designate an agent other than the tribal chairman for service of notice of proceedings under the Act. This notice includes the current list of designated tribal agents for service of … Read more

Skirting the Indian Child Welfare Act Is a Lucrative Business

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On January 22, 1818, the House Committee on Indian Affairs reported that Indian children “will grow up in habits of morality and industry…and become useful members of society” if they are given ‘the primer…the hoe…”and the Bible. By 1879 off-reservation schools were created to separate Indian children from their families, culture, language, sacred history, and … Read more

In re Charlotte V., November 1, 2016, (California)

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Read the full decision at the National Indian Law Library website. Synopsis from Westlaw: County child welfare agency filed dependency petition. The Superior Court, Los Angeles County, No. CK81121, Emma Castro, Commissioner, terminated parental rights. Mother appealed. Holding from Westlaw: The Court of Appeal, Bigelow, P.J., held that agency provided adequate ICWA notice to conclude … Read more

Guardianship of C.H.S., November 22, 2016, (Oklahoma)

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Read the full copy of the decision at the National Indian Law Library website. Synopsis from Westlaw: Cherokee Nation filed petition to transfer guardianship action regarding Indian children to Cherokee Nation District Court, to which children’s guardians objected. The District Court, Okfuskee County, Lawrence W. Parish, J., denied transfer. Cherokee Nation appealed. Holding from Westlaw: … Read more

In re O.C., November 22, 2016, (California)

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Read the full decision at the National Indian Law Library website. Synopsis from Westlaw: County children and family services agency filed petition against mother and father to terminate their parental rights to minor children, who potentially had Indian heritage. Following hearing, the Superior Court, Mendocino County, Nos. SCUK-JVSQ-14-1702501 and SCUK-JVSQ-14-1702601, David Riemenschneider, J., found both … Read more

New Free ICWA Guide for Children and Youth Agencies

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FAMILY DESIGN RESOURCES INC. INTRODUCES FREE ICWA SEARCH GUIDE TO HELP KEEP INDIAN FAMILIES TOGETHER Complements new federal regulations that go into effect in December HARRISBURG, Pa. (Aug. 4, 2016) – Family Design Resources Inc. has introduced the first edition of its Indian Child Welfare Act Search Guide. The free search guide anticipates new regulations … Read more

Case petitioned to U.S. Supreme Court: R.P. v. LA County Department of Children and Family Services

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R.P. v. LA County Department of Children and Family Services U.S. Supreme Court Briefs and Pleadings Docket No. 16-500 Question Presented: The questions presented are: (1) Whether ICWA applies where the child has not been removed from an Indian family or community. (2) Whether ICWA’s adoptive placement preferences, 25 U.S.C.1915(a), require removal from a foster … Read more

United Auburn Indian Community of the Auburn Rancheria v. Edmund G. Brown, Jr., October 13, 2016, (California)

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Read a full copy of the decision at the National Indian Law Library website. Synopsis provided by Westlaw: State moved to terminate natural mother’s parental rights, default order was entered against mother, and Indian tribe intervened after mother became enrolled citizen of tribe. The District Court, Rogers County, Stephen R. Pazzo, J., granted tribe’s motion … Read more

In re Alexandria P., July 8, 2016 (California)

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Synopsis provided by Westlaw: County department of children and family services (DCFS) filed dependency petition on behalf of child, who was considered an Indian child under Indian Child Welfare Act (ICWA) and, after child was placed with foster family and efforts to reunify child with father failed, DCFS, father, and Indian tribe recommended that child … Read more

In re Abbigail A. , July 14, 2016 (California)

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Synopsis provided by Westlaw: County department of health and human services filed dependency petitions as to two children. The Superior Court, Sacramento County, Nos. JD232871 and JD232872, Paul L. Seave, J., directed counsel to make reasonable efforts to enroll the children and their father in a tribe which had notified the court that they were … Read more

In re Andrew S., August 15, 2016 (California)

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Synopsis provided by Westlaw: Child dependency proceeding was commenced. The Superior Court, Los Angeles County, No. DK11636, Philip L. Soto, J., found jurisdiction over the children and removed them from parental custody, and father appealed. Holdings provided by Westlaw: The Court of Appeal, Perluss, P.J., held that: 1) father’s failure to provide children with support, … Read more

In re Michael V., September 14, 2016 (California)

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Synopsis provided by Westlaw: County child welfare agency filed dependency petition as to two daughters. The Superior Court, Los Angeles County, No. DK02646, Zeke D. Zeidler, J., terminated parental rights and transferred care, custody, and control of the daughters to the county child welfare agency for adoptive planning and placement. Mother appealed. Holding provided by … Read more

Article: Case comment: Adoptive Couple v. Baby Girl, 133 S.Ct. 2552 (2013)

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Title: Case comment: Adoptive Couple v. Baby Girl, 133 S.Ct. 2552 (2013) Author: Akpan, Anietie Maureen-Ann Source: 6 Colum. J. Race & L. 1 (2016) This Comment discusses the 2013 United States Supreme Court case of Adoptive Couple v. Baby Girl, which involved an unwed Cherokee father’s (Petitioner) journey to regaining custody of his child, … Read more

Article: Killing the policy to save the child: Comparing the historical removal of Indigenous children in Australia to the United States and how the countries can learn from each other

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Title: Killing the policy to save the child: Comparing the historical removal of Indigenous children in Australia to the United States and how the countries can learn from each other Author: Pollom, Drew Source: American Indian Law Journal Vol. 4, p. 256-296 (2016)

Study of Coordination of Tribal TANF and Child Welfare Services: Final Report

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WASHINGTON, June 23 — The U.S. Department of Health and Human Services’ Administration for Children and Families’ Office of Planning, Research and Evaluation issued the following report: This report details 14 tribes and tribal organizations’ implementation of service coordination efforts across Tribal TANF and child welfare services. It describes the tribes and tribal organizations, explores … Read more

New Indian Child Welfare Act Regulations Published in the Federal Register

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RULES AND REGULATIONS DEPARTMENT OF THE INTERIOR Bureau of Indian Affairs (6/14/16) Indian Child Welfare Act Proceedings See: 81 FR 38777 SUMMARY: This final rule adds a new subpart to the Department of the Interior’s (Department) regulations implementing the Indian Child Welfare Act (ICWA), to improve ICWA implementation. The final rule addresses requirements for State … Read more

Obama signs bill protecting children in tribal foster care

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SIOUX FALLS, S.D. — President Barack Obama on Friday signed into law a measure meant to bolster protections for Native American children placed into the tribal foster care system. The law, which comes years after serious flaws were uncovered in the child welfare system of a Native American tribe in North Dakota, requires background checks … Read more

New Federal Rules on Comprehensive Child Welfare Information System

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RULES AND REGULATIONS DEPARTMENT OF HEALTH AND HUMAN SERVICES Office of the Secretary Administration for Children and Families (6/2/16) Comprehensive Child Welfare Information System 81 FR 35449, (PDF) SUMMARY: This final rule replaces the Statewide and Tribal Automated Child Welfare Information Systems (S/TACWIS) rule with the Comprehensive Child Welfare Information System (CCWIS) rule. The rule … Read more

Article: What is Measured is What is Done: Methods to Measure Compliance with the Indian Child Welfare Act.

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Title: What is Measured is What is Done: Methods to Measure Compliance with the Indian Child Welfare Act. Author: Williams, Jason R. et al. Cite: 4 American Indian Law Journal 502 (2016) Enacted more than three and a half decades ago, the Indian Child Welfare Act (ICWA or “Act”) of 1978 is one of the … Read more

State v. Central Council of Tlingit and Haida Indian Tribes of Alaska, March 25, 2016 (Alaska)

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Synopsis provided by Westlaw: Central Council of Tlingit and Haida Indian Tribes filed action against state, seeking declaratory judgment that its tribal court system had subject matter jurisdiction over child support matters and seeking an injunction requiring the state’s child support enforcement agency to recognize tribal courts’ child support orders. The Superior Court, First Judicial … Read more

In re Doe, March 24, 2016 (Idaho)

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Synopsis provided by Westlaw: Mother’s parental rights were terminated by the Second Judicial District Court, Nez Perce County, Michelle Evans, Magistrate Judge, and she appealed. Holdings provided by Westlaw: The Supreme Court, W. Jones, J., held that: 1) trial court’s determination that mother neglected child was supported by substantial and competent evidence; 2) Department of … Read more

In re Adoption of B.T.S. , March 7, 2016 (Oklahoma)

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Synopsis provided by Westlaw: Prospective adoptive parents filed a petition for adoption which also sought to terminate mother and father’s parental rights and an order determining that child was eligible for adoption without mother’s consent. The District Court, Cherokee County, Sandy Crosslin, J., determined child was eligible for adoption without mother’s consent. Mother appealed. Holding … Read more

Tribal Title IV-E Plan Development Grants from The Administration for Children and Families

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Grant Posted April 29, 2016 Funding Opportunity Title: Standing Announcement for Tribal Title IV-E Plan Development Grants Full Grant Information at Grants.Gov. The purpose of this funding opportunity announcement (FOA) is to solicit proposals for one-time grants to tribes, tribal organizations, or tribal consortia that are seeking to develop and, within 24 months of grant … Read more

Proposed Federal Regulation on Adoption and Foster Care Analysis and Reporting System

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PROPOSED RULES DEPARTMENT OF HEALTH AND HUMAN SERVICES Administration for Children and Families (4/7/16) Adoption and Foster Care Analysis and Reporting System 81 FR 20283, (PDF) SUMMARY: On February 9, 2015, the Administration for Children and Families (ACF) published a Notice of Proposed Rulemaking (NPRM) to amend the Adoption and Foster Care Analysis and Reporting … Read more

In re Interest of Tavian B., February 19, 2016 (Nebraska)

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Background from Westlaw: State filed petition to terminate the parental rights of mother and father to their purportedly Indian children. Father sought transfer of proceedings to Tribal Court. Prior to juvenile court’s ruling on motion to transfer, the state withdrew its motion to terminate parental rights. The Separate Juvenile Court, Lancaster County, Reggie L. Ryder, … Read more

State in Interest of M.D., January 7, 2016 (Utah)

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Synopsis from Westlaw: A petition to terminate father’s parental rights to his three Indian children was filed. The Third District Juvenile Court, Salt Lake Department, No. 1094548, Charles D. Behrens, J., terminated parental rights. Father appealed. Holdings from Westlaw: The Court of Appeals held that evidence supported finding that the State made active efforts to … Read more

Revised Indian Child Welfare Act; Designated Tribal Agents for Service of Notice

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A Federal Register Notice by the Indian Affairs Bureau made on 3/02/16. The regulations implementing the Indian Child Welfare Act provide that Indian tribes may designate an agent other than the tribal chairman for service of notice of proceedings under the Act. This notice includes the current list of designated tribal agents for service of … Read more

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

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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)

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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

In re K.M., November 20, 2015 (California)

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Synopsis provided by Westlaw: In a dependency proceeding, the Superior Court, Orange County, No. DP024561, Craig E. Arthur, J., terminated parental rights to child. Mother and father appealed. While the matter was still pending on appeal, the Superior Court issued a post judgment order finding that the county child welfare agency complied with the Indian … Read more

In re Candace A., November 9, 2015 (California)

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Synopsis from Westlaw: County child welfare agency filed dependency petition. The Superior Court, Los Angeles County, Valerie Skeba, No. DK05991, Juvenile Court Referee, issued jurisdiction findings and disposition order declaring child a dependent of the juvenile court and removing her from parents’ custody. Parents appealed. Holdings from Westlaw: The Court of Appeal, Perluss, P.J., held … Read more

Jennifer L. v. State Department of Health and Social Services, August 28, 2015 (Alaska)

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Synopsis provided by Westlaw: After Office of Children’s Services (OCS) took three minor children into emergency custody, a standing master determined that no probable cause existed and recommended that children be returned to mother’s custody. Following remand from the Supreme Court, 2014 WL 1888190, the Superior Court, Fourth Judicial District, Aniak, Douglas Blankenship, J., rejected … Read more

In re M.R., September 17, 2015 (North Dakota)

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Synopsis provided by Westlaw: Father appealed from decision of the Juvenile Court, Cass County, East Central Judicial District, Susan J. Solheim, Judicial Referee, terminating his parental rights. Holdings provided by Westlaw: The Supreme Court, Kapsner, J., held that: (1) juvenile court’s finding that the conditions and causes of child’s deprivation were likely to continue was … Read more

In re I.R., July 28, 2015, (Maine)

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Synopsis provided by Westlaw: The Department of Health and Human Services initiated child protection proceedings with regard to mother’s child. The District Court, Portland, Powers, J., entered judgment terminating mother’s parental rights. Mother appealed. Holdings provided by Westlaw: The Supreme Judicial Court held that: (1) the Indian Child Welfare Act (ICWA) did not apply to … Read more

In re I.B. v. W.H., August 11, 2015, (California)

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Synopsis provided by Westlaw: County Department of Children and Family Services filed juvenile dependency petition. After petition was sustained at jurisdictional hearing, the Department provided notice of the action to certain Indian tribes pursuant to the Indian Child Welfare Act (ICWA). Following six-month review hearing, the Superior Court, Los Angeles County, No. CK76502, Timothy Saito, … Read more

ICWA Defense Project Memo, July 29, 2015

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The National Indian Child Welfare Association, Native American Rights Fund, National Congress of American Indians and the ICWA Appellate Clinic at Michigan State University College of Law have published a memo covering: Synopsis of recent attacks on the Indian Child Welfare Act (ICWA) How can tribes and allies work together to help defend ICWA See … Read more

Proposed rule to revise the Statewide and Tribal Automated Child Welfare Information System regulations

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The Administration for Children and Families proposes to revise the Statewide and Tribal Automated Child Welfare Information System regulations. This proposed rule will remove the requirement for a single comprehensive system and allow title IV-E agencies to implement systems that support current child welfare practice. It also proposes to establish requirements around design, data quality, … Read more

New State and Tribal ICWA Implementation Partnership Grants

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Exciting opportunity for ICWA Implementation from HHS now posted to HHS grants forecast website. State and Tribal ICWA Implementation Partnership Grants have been forecast. The forecast gives notice that this is an upcoming opportunity which will be announced. There is a notification feature to add yourself to get updates such as when the grant will … Read more

In re I.R., July, 28, 2015, (Maine)

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Synopsis provided by Westlaw: The Department of Health and Human Services initiated child protection proceedings with regard to mother’s child. The District Court, Portland, Powers, J., entered judgment terminating mother’s parental rights. Mother appealed. Holdings provided by Westlaw: The Supreme Judicial Court held that: (1) the Indian Child Welfare Act (ICWA) did not apply to … Read more

Report: More children live in poverty today than during 2008 recession

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The Annie E. Casey Foundation’s 2015 Kids Count report found that nearly 22 percent of children nationwide were living in poverty in 2013, compared with 18 percent in 2008. The poverty rates, families of four living on $23,624 a year, nearly doubled among black and American Indian children, with the biggest problems in the Southwest … Read more

Expose the Lies Told About ICWA

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The announcement of A.D., et al. v. Washburn by the conservative group known as the Goldwater Institute comes with a bitter deja vu of “haven’t we heard this before?” I’ve got a few things that I can say are wrong with the pleadings filed by Goldwater on behalf of minor American Indian children, “next friend,” and … Read more

In re P.R., May 12, 2015, (California)

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Synopsis provided by Westlaw: County health and human services agency filed dependency petition. The Superior Court, Shasta County, No. 13JVSQ2966501, Molly A. Bigelow, J., sustained jurisdictional allegations, terminated reunification services, terminated parental rights, selected a permanent plan of adoption, and found that the child was not placed within Indian Child Welfare Act (ICWA) preferences because … Read more

In re K.J.B., June 11, 2015, (Washington)

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Synopsis provided by Westlaw: In child protection proceeding, the Yakima Superior Court, David A. Elofson, J., terminated father’s parental rights. Father appealed. Holdings provided by Westlaw: The Court of Appeals, Lawrence-Berrey, J., held that: (1) state satisfied notice requirements of Indian Child Welfare Act (ICWA) by notifying Bureau of Indian Affairs (BIA), but not “Blackfoot” … Read more

In re the Adoption of T.A.W., July 7, 2015, (Washington)

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Synopsis provided by Westlaw: Indian mother and her husband petitioned to terminate non-Indian biological father’s parental rights to Indian son and to allow husband to adopt son. The Superior Court, Pacific County, Douglas E. Goelz, J., granted petition. Father appealed. Holdings provided by Westlaw: The Court of Appeals, Maxa, J., held that: (1) father could … Read more

In re Jassenia H., June 12, 2015, (Nebraska)

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Synopsis provided by Westlaw: After juvenile court granted state agency temporary custody of child and ordered that she be removed from mother’s care, State filed a petition for adjudication alleging that child lacked proper parental care and/or that child was in a situation dangerous to life or limb or injurious to her health or morals. … Read more