Native American Rights Fund

Healing the Children of Horse Nations

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“I’m ready to hurry up and get the program started, because horses are in our DNA, they’re in our culture and our heritage,” Sam said. “Whether they’re with their own families or not, that horse can bring peace to them. Horses can bring healing to a part of their heart. That feeling is culturally tied, … Read more

Indian Child Welfare Act Faces Another Constitutional Challenge in Minnesota

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A case now before the Minnesota Court of Appeals revives debate over the nation’s 1978 Indian Child Welfare Act and a local version of the law — alleging that the legal statutes protecting Indigenous children, families and tribes racially discriminate against white foster parents. Read the full article at The Imprint.

Seneca Nation Elder Reflects on a 51-year Child Welfare Career 

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Seneca Nation citizen Terry Cross is widely known as the founding executive director of the National Indian Child Welfare Association, launched in the early 1980s, and continues to serve as a senior adviser to the organization assisting tribes with preventing child abuse and neglect.  Read the full article at The Imprint.

Reunifying Native families after foster care

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How a Billings court is putting the Indian Child Welfare Act into action The Family Recovery Court, a specialized track for parents involved in ICWA-eligible child welfare cases, launched in 2021 with more than $600,000 in federal grant support and the encouragement of community groups who wanted to better serve Native families navigating the local … Read more

Native American child welfare bills return to legislature after federal ICWA upheld

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Pourier’s bills would create a two-year task force to study Native American child welfare as well as codify and expand a piece of ICWA in state law.  Republican Rep. Tamara St. John, from Sisseton and a member of the Sisseton Wahpeton Oyate, is the prime sponsor of a bill that would establish an Indian Child Welfare Advisory Council in the state … Read more

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

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 July 25-28, 2022; 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   Learn more about NICWA conferences and trainings.  

Casey Family Programs honors 10 people from across the nation who are working to improve child and family well-being

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Casey Family Programs, the nation’s largest operating foundation dedicated to safely reducing the need for foster care and building Communities of Hope for children and families, announced today the recipients of the 2022 Casey Excellence for Children Awards. These awards recognize outstanding individuals for their inspiring work, exceptional leadership and unwavering dedication to improving the … Read more

United Indian Nations of Oklahoma, the Shawnee Tribe, and the National Native American Boarding School Healing Coalition to host a session on Indian Boarding Schools in Tulsa, Oklahoma

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The United Indian Nations of Oklahoma (UINO), the Shawnee Tribe and the National Native American Boarding School Healing Coalition (NABS) announced today that they will host a summit with tribes in the area discussing the history and impacts of Indian Boarding schools on June 22 at the River Spirit Casino Resort in Tulsa, Oklahoma. The … Read more

California Tribal Families Coalition applauds Biden administration for withdrawing the SUNSET Rule

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The California Tribal Families Coalition (CTFC) applauds the Department of Health and Human Services (HHS) for withdrawing a controversial rule from the Trump Administration that would have exposed millions of tribal children and families to unnecessary risk and removed countless regulations meant to uphold key healthcare standards. Read the full article in Indian Country Today.

Communities as caretakers: The Indian Child Welfare Act as an antiracist framework for all child welfare cases.

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The child welfare system is racist.  As with all systems in the United States, the system charged with protecting children is not exempt from the racist policies, practices, and mindsets that created and justified colonialization and slavery.  Black, Indigenous, and other communities of color continue to fall prey to the harsh realities of child welfare … Read more

Community members needed to help improve Minnesota child welfare policies and practices

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Minnesotans are needed to help shape child welfare policy, practice and training recommendations by serving on Citizen Review Panels for the state’s child protection system. The Minnesota Department of Human Services is currently seeking more than 80 volunteers for citizen panels in Chisago, Hennepin, Ramsey and Winona counties. By bringing a crucial community voice to … Read more

Relative Placement in Washington Supreme Court Decision

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Even though this is not an ICWA case, three people have sent me this opinion by Justice Montoya Lewis regarding the primacy of relative placement in child protection proceedings. This opinion points to all sorts of issues that beleaguers relative placement, especially certain aspects of background checks and prior involvement with the system. Here, the … Read more

Hanna hired for ICWA cases

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The OST Council met Tuesday in Batesland at the Bill C. Bear Memorial gym at Batesland school for their January regular session; after many questions from the gathered tribal council representatives, the council voted 11-6-1 to approve the annual attorney contract for Dana Hanna who represents the Oglala Sioux Tribe in Indian Child Welfare Act … Read more

The Indian Child Welfare Act is the gold standard

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George F. Will’s Jan. 6 op-ed, “The racial politics of the Indian Child Welfare Act,”  ignored the benefits of the Indian Child Welfare Act and the basic facts of tribal citizenship. The ICWA is considered the gold standard of child welfare laws and establishes a process that promotes efforts to keep children connected to their families, … Read more

Tribes file cert petition defending Indian Child Welfare Act before Supreme Court

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On September 3, four tribes and the United States Solicitor General filed cert petitions with the U.S. Supreme Court in Brackeen v. Haaland, defending the Indian Child Welfare Act (ICWA) and its constitutionality. Cherokee Nation Principal Chief Chuck Hoskin, Jr., Morongo Band of Mission Indians Chairman Charles Martin, Oneida Nation Chairman Tehassi Hill, and Quinault Indian Nation President Guy … Read more

Domestic violence, the Indian Child Welfare Act, and Alaska Natives: How domestic violence is weaponized against Alaska Native survivors.

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After the forced separation of Indian families, Congress passed the Indian Child Welfare Act (ICWA) to create heightened procedural protections to maintain and preserve Indian families. Following Adoptive Couple v. Baby Girl, 570 U.S. 637 (2013), courts have indicated concern that the heightened standards of ICWA may be overbroad and harm Indian children. This Note … Read more

Lummi Nation reimagines foster care for Indigenous families

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Several years ago, the Lummi Tribal Council told Diana Phair, the executive director of the tribe’s Housing Authority: “We have 200-some children in foster care. We need to bring our children home.”  With the tribal members’ input, she and her colleagues devised Sche’lang’en Village, a novel housing arrangement for parents seeking to reunite with their … Read more

Bay Mills to Host Third Annual VAWA and ICWA Training

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Bay Mills Indian Community 3rd annual Noojimo’iwewin: A VAWA and ICWA Training Aug. 4-6, in-person and online  BRIMLEY, Mich. — Picking up where last year’s training left off, Bay Mills Indian Community sets out to host its third annual Noojimo’iwewin: A VAWA and ICWA Training, Aug. 4-6. The event is hosted both in-person at the Bay Mills … Read more

Proposed Legislation: S.2326

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S.2326 — A bill to amend the Indian Child Protection and Family Violence Prevention Act to reauthorize programs under that Act, and for other purposes. Read about this bill at the 117th Congress website.

First Indigenous woman appointed to Calif. commission advocating for women and girls

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SAN DIEGO — Gov. Gavin Newsom has appointed Carlsbad resident and professor Joely Proudfit to the Commission on the Status of Women and Girls, making her the first Indigenous woman to serve the organization. Proudfit (Luiseño/Payómkawichum) is a professor at California State University, San Marcos who has served as American Indian studies chair and director … Read more

Proposed Legislation: H.R.4348

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H.R.4348 – To remove administrative barriers to participation of Indian tribes in Federal child welfare programs, and increase Federal funding for tribal child welfare programs, and for other purposes. Read about this bill at the 117th Congress website.

Proposed Legislation: S.2167/H.R.4052

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S.2167/H.R.4052 – A bill to establish a national, research-based, and comprehensive home study assessment process for the evaluation of prospective foster parents and adoptive parents and provide funding to States and Indian tribes to adopt such process. Read more about this bill in the House of Representatives and the Senate.

Opinion: Deb Haaland: My grandparents were stolen from their families as children. We must learn about this history.

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As I read stories about an unmarked grave in Canada where the remains of 215 Indigenous children were found last month, I was sick to my stomach. But the deaths of Indigenous children at the hands of government were not limited to that side of the border. Many Americans may be alarmed to learn that the United … Read more

NCAI Weighs in on Discovery of Remains of 215 Children at Indian Residential School in Canada

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The NCAI, which passed two different resolutions in the past decade on the issue, is calling for transparency and accountability for historical and generational trauma caused by boarding schools that was a program of the federal government that operated on the mantra to “Kill the Indian, Save the man.” Read the full article on the … Read more

Proposed Legislation: S.1868

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S.1868 – A bill to amend the Child Abuse Prevention and Treatment Act to require that equitable distribution of assistance include equitable distribution to Indian Tribes and Tribal organizations, to increase amounts reserved for allotment to Indian Tribes and Tribal organizations under certain circumstances, and to reserve amounts for migrant programs under certain circumstances, and … Read more

ICWA: Reclaiming Indigenous identity

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The Indian Child Welfare Act became law in 1978 with a goal of keeping Native children with their families and tribes. As Blackfeet citizen and Salish descendant Brooke Pepion Swaney found out, the law was overlooked when Kendra was adopted by the Mylnechuk family. Brooke’s first feature-length documentary, “Daughter of a Lost Bird,” premieres at the prestigious Human Rights … Read more

ICWA’s Irony

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The Indian Child Welfare Act (ICWA or the Act) is a federal statute that protects Indian children by keeping them connected to their families and culture. The Act’s provisions include support for family reunification, kinship care preferences, cultural competency considerations and community involvement. These provisions parallel national child welfare policies. Nevertheless, the Act is relentlessly … Read more

Proposed Legislation: H.R.1566

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H.R.1566 – To amend the Child Abuse Prevention and Treatment Act to require that equitable distribution of assistance include equitable distribution to Indian tribes and tribal organizations and to increase amounts reserved for allotment to Indian tribes and tribal organizations under certain circumstances, and to provide for a Government Accountability Office report on child abuse … Read more

Four California tribes voice urgent concerns about the Humboldt child welfare system

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Today, the Yurok Tribe, Bear River Band of the Rohnerville Rancheria, the Wiyot Tribe and the Trinidad Rancheria announced their support of the California Attorney General’s effort to pursue a court order requiring the Humboldt County Department of Health and Human Services Child Welfare Services Division and the Humboldt County Sheriff’s Office to fully and … 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

Payton S. v. State of Alaska, Department of Health and Social Services, may 1, 2015, (Alaska)

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Synopsis provided by Westlaw: The Office of Children’s Services (OCS) sought to terminate parental rights to Indian children. The Superior Court, Fourth Judicial District, Bethel, Dwayne W. McConnell, J., terminated parental rights. Parents appealed. Holdings provided by Westlaw: The Supreme Court, Maassen, J., held that: (1) even though the trial court erred by entering an … Read more

Lavallie v. Lavallie, March 24, 2015, (North Dakota)

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Synopsis provided by Westlaw: After mother assigned her right to recover benefits paid by state for Indian child, the state sought to impose future child support obligation on father, and to recover a judgment for support expended to mother on behalf of child. The District Court, Rolette County, Michael G. Sturdevant, J., denied purported father’s … Read more

A Research and Practice Brief: Measuring Compliance with the Indian Child Welfare Act.

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Measuring Compliance with the Indian Child Welfare Act is a research and practice brief published by: Casey Family Programs, the Center for Regional Tribal Welfare Studies at UMN, Duluth, the National Council of Juvenile and Family Court Judges, and the Minneapolis American Indian Center. Read the full copy of this 20 page report at the … Read more

GAO Report on Tribal Title IV-E Foster Care Programs, (February 2015)

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The United States Government Accounting Office has issued a report on challenges faced by tribes to carry out title IV-E foster care programs. Indian tribes developing title IV-E foster care programs faced resource constraints and reported challenges adopting some program requirements. According to GAO’s interviews with tribal and Department of Health and Human Services (HHS) … Read more

New Jersey Div. of Child Protection and Permanency v. K.T.D., February 20, 2015, (New Jersey)

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Synopsis provided by Westlaw: State Division of Child Protection and Permanency petitioned to terminate mother’s parental rights to child with Native American ancestors. The Superior Court, Chancery Division, Family Part, Camden County, terminated parental rights. Mother appealed. Holding provided by Westlaw: The Superior Court, Appellate Division, O’Connor, J., held that trial court was required to … Read more

In re H.G., February 24, 2015, (California)

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Synopsis provided by Westlaw: County human services agency filed dependency petition. The Superior Court, Ventura County, Nos. J068715 & J069080, Bruce A. Young, J., granted petition and terminated parental rights. Parents appealed. Holding provided by Westlaw: The Court of Appeal, Perren, J., held that noncompliance with Indian Child Welfare Act (ICWA) required reversal. Reversed and … Read more

In re KMN, February 26, 2015, (Michigan)

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Synopsis provided by Westlaw: County human services agency filed dependency petition. The Superior Court, Ventura County, Nos. J068715 & J069080, Bruce A. Young, J., granted petition and terminated parental rights. Parents appealed. Holding provided by Westlaw: The Court of Appeal, Perren, J., held that noncompliance with Indian Child Welfare Act (ICWA) required reversal. Reversed and … Read more

Sylvia L. v. State of Alaska, February 20, 2015, (Alaska)

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Indian Law Bulletins  | State Courts Synopsis provided by Westlaw: Office of Children’s Services (OCS) petitioned to terminate mother’s parental rights with regard to one Indian and two non-Indian children. Following a bench trial, the Superior Court, Third Judicial District, Anchorage, Patrick J. McKay, J., terminated mother’s parental rights with regard to the three children, and … Read more

In re S.B.C., December 30, 2015 (Montana)

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Synopsis: The Department of Public Health and Human Services, Child and Family Services Division, sought permanent legal custody of Indian child with right to consent to adoption. The District Court, Missoula County, Edward P. McLean, P.J., terminated both parents’ rights to the child, and granted the Department permanent legal custody with right to consent to … Read more

Ebert v. Bruce L., January 22, 2015 (Alaska)

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Synopsis: Prospective parents petitioned to adopt Indian child over objection of biological father. The Superior Court, Third Judicial District, Palmer, Eric Smith, J., denied petition. Prospective parents appealed. Holding: The Supreme Court, Bolger, J., held that: (1) no serious conflict existed between state statute governing adoption and Indian Child Welfare Act (ICWA), such that ICWA … Read more

In re Doe, January 23, 2015 (Idaho)

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Synopsis provided by Westlaw: Mother of Native American child appealed from order of the District Court, Third Judicial District, Payette County, Brian D. Lee, Magistrate Judge, terminating mother’s parental rights. Holding provided by Westlaw: The Supreme Court, J. Jones, J., held that substantial and competent evidence supported finding that state made active efforts to prevent … Read more

In re H.T., February 10, 2015 (Montana)

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Synopsis provided by Westlaw: Department of Public Health and Human Services filed petition to terminate mother’s parental right to Indian child after emergency foster care placement. The Eighth Judicial District Court, Cascade County, Julie Macek, J., terminated parental rights. Mother appealed. Holdings provided by Westlaw: The Supreme Court, Beth Baker, J., held that: (1) mother’s … Read more

In re ARW, February 19, 2015 (Wyoming)

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Synopsis provided by Westlaw: Prospective adoptive parents filed a petition to terminate father’s parental rights. The District Court of Natrona County, Daniel L. Forgey, J., terminated parental rights. Father appealed. Holding provided by Westlaw: The Supreme Court, Burke, C.J., held that: (1) evidence supported determination that the Indian Child Welfare Act (ICWA) did not apply … Read more

New Jersey Div. of Child Protection and Permanency v. K.T.D., February 20, 2015 (New Jersey)

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Synopsis provided by Westlaw: State Division of Child Protection and Permanency petitioned to terminate mother’s parental rights to child with Native American ancestors. The Superior Court, Chancery Division, Family Part, Camden County, terminated parental rights. Mother appealed. Holding provided by Westlaw: The Superior Court, Appellate Division, O’Connor, J., held that trial court was required to … Read more

In re H.G., February 24, 2015 (California)

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Synopsis provided by Westlaw: County human services agency filed dependency petition. The Superior Court, Ventura County, Nos. J068715 & J069080, Bruce A. Young, J., granted petition and terminated parental rights. Parents appealed. Holding provided by Westlaw: The Court of Appeal, Perren, J., held that noncompliance with Indian Child Welfare Act (ICWA) required reversal. Reversed and … Read more

1979 Bureau of Indian Affairs ICWA Guidelines Updated

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The Bureau of Indian Affairs has updated the Guidelines for State Courts and Services in Indian Child Custody Proceedings. These updated guidelines provide guidance to State courts and child welfare agencies implementing the Indian Child Welfare Act’s (ICWA) provisions in light of written and oral comments received during a review of the Bureau of Indian … Read more

Interior Secretary Starts off Native Youth Listening Tour

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Interior Secretary Sally Jewell is visiting with American Indian youth to get their thoughts on how federal policy can improve their lives. The visits Tuesday to the Salt River Pima-Maricopa Indian Community and the Gila River reservation mark the start of a Native youth listening tour… Read the full AP article.

Indian Affairs Committee Approves Hoeven’s Native American Children’s Safety Act

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WASHINGTON – Senator John Hoeven today announced that the U.S. Senate Committee on Indian Affairs has approved the Native American Children’s Safety Act, legislation he authored to implement protections for Native American children placed by tribal courts into the tribal foster care system. Read the full press release at Senator Hoeven’s website.

Paraprofessional-delivered Home-visiting Intervention for American Indian Teen Mothers and Children: 3-year Outcomes from a Randomized Controlled Trial

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The Affordable Care Act provides funding for home-visiting programs to reduce health care disparities, despite limited evidence that existing programs can overcome implementation and evaluation challenges with at-risk populations. The authors report 36-month outcomes of the paraprofessional-delivered Family Spirit home-visiting intervention for American Indian teen mothers and children… Read the full article at PubMed website.

Barrasso: Empowering Indian Country in the New Republican Majority

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It has been eight years since a Republican Majority was elected to lead the United States Senate. No matter which party is in charge, the American people want action and solutions, not dysfunction. As Chairman of the Committee on Indian Affairs, I am committed to a results-driven agenda focusing on enhancing tribal self-determination and self-governance. … Read more

Standing Rock, State to Collaborate on Child Support

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The Standing Rock Sioux Tribe and the North Dakota Department of Human Services have signed an agreement to collaborate on child support services, the department announced Tuesday. The tribe began operating a child support program in 2013 funded by a federal start-up grant. Under the….. Read the full story at the Bismarck Tribune website.

Webinar: New Children’s Bureau Services for Tribal/State Welfare Agencies

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From Casey Family Programs Wednesday, January 21, 2015, 1:00 p.m. ET Please save the date and join a webinar on January 21st introducing the Children’s Bureau’s new structure for delivering training and technical assistance. The Capacity Building Collaborative, a partnership of three centers, will serve Tribal and State child welfare agencies and Court Improvement Programs. … Read more

Papers Expose Corruption, Abuse on Tribal Lands

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  Two of the largest newspapers in the country are focusing today on justice — or lack of it — on Native American reservations in the Dakotas. First, the Washington Post is exploring child sexual abuse on the Pine Ridge Indian reservation in South Dakota, where Charles Chipps Sr., a medicine man, has not yet … Read more

Article: Tribes and race: the court’s missed opportunity in Adoptive Couple v. Baby Girl

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Tribes and race: the court’s missed opportunity in Adoptive Couple v. Baby Girl. Deluzio, Christopher, 34 Pace L. Rev. 509-561 (Spring 2014) Part I of this article will provide an overview of the legal doctrines implicated in Adoptive Couple v. Baby Girl. First, Part I will discuss both Indian Child Welfare Act’s text and purpose … Read more

Article: The teach ICWA initiative: an action plan

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The teach ICWA initiative: an action plan. González, Lizbeth, 86-APR N.Y. St. B.J. 31-32 (March/April 2014) Indian Child Welfare Act compliance protects Native traditions and families; noncompliance can have far-reaching and even tragic consequences. Consider these suggestions so you can play a greater role in increasing ICWA compliance within your local, state and national community… … Read more

Article: The real meaning of ICWA noncompliance

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The real meaning of ICWA noncompliance. González, Lizbeth, 86-APR N.Y. St. B.J. 29-30 (March/April 2014) During my tenure as Director of Legal Services of the American Indian Law Alliance, then located at the American Indian Community House in Manhattan, I represented several expatriated Native young adults. Their protracted attempts to reunite with their people had … Read more

Article: Best interests of an Indian child

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Best interests of an Indian child. Herne, Peter J., 86-APR N.Y. St. B.J. 22-25 (March/April 2014) Family law treatises summarize New York’s “Best Interest of a Child” standard as follows: 1. Maintaining stability for the child(ren) 2. Child(ren’s) wishes 3. Home environment with each parent 4. Each parent’s past performance….. Read the full article here.

Article: Adopting biology plus in federal Indian law: Adoptive Couple v. Baby Girl’s refashioning of ICWA’s framework

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Adopting biology plus in federal Indian law: Adoptive Couple v. Baby Girl’s refashioning of ICWA’s framework. Fadia, Shreya A., 114 Colum. L. Rev. 2007-2044 (December 2014) This Note argues that the Supreme Court’s decision in Adoptive Couple v. Baby Girl creates an apparent tension in federal Indian law. The Court’s characterization of the broader aims … Read more

Asa’carsarmuit Tribal Council v. Wheeler III, November 21, 2014, (Alaska)

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Synopsis from Westlaw: Father filed emergency motion to modify custody after State initiated Child In Need of Aid (CINA) action against mother. Tribal council which had issued original custody order was permitted to intervene. The Superior Court, Third Judicial District, Anchorage, Andrew Guidi, J., awarded father primary physical custody. Council appealed. Holding from Westlaw: The … Read more

In re Interest of Shayla H., November 14, 2014, (Nebraska)

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Synopsis provided by Westlaw: The Department of Health and Human Services (DHHS) initiated dependency proceedings concerning father’s three Native American children. The Juvenile Court, Lancaster County, Linda S. Porter, J., adjudicated children as dependent, and subsequently entered dispositional order the DHHS had made reasonable efforts at reunification, but that it was in best interests of … Read more

Department of Human Services v. M.D., November 13, 2014 (Oregon)

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Synopsis from Westlaw: In child protection case involving Indian child, the Circuit Court, Jackson County, Patricia Crain, J., entered order determining that Department of Human Services (DHS) made active efforts to provide remedial services and rehabilitative programs designed to prevent the breakup of an Indian family. Mother appealed. Holding from Westlaw: The Court of Appeals, … Read more

Chloe W. v. State, Dep’t of Health & Social Serv., and Office of Children’s Serv., November 7, 2014 (Alaska)

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Synopsis from Westlaw: The Office of Children’s Services (OCS) petitioned to terminate mother’s parental rights to Indian child. The Superior Court, First Judicial District, Juneau, Louis J. Menendez, J., terminated parental rights. Mother appealed. Holdings from Westlaw: The Supreme Court, Fabe, C.J., held that: (1) counsel’s decision to enter into a stipulation as to psychiatrist’s … Read more

In re M.H., November 7, 2014 (Kansas)

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Synopsis provided by Westlaw: Father appealed order of the District Court, Shawnee County, Jean M. Schmidt, J., terminating his parental rights. Holdings provided by Westlaw: The Court of Appeals, Leben, J., held that: (1) state sufficiently proved that it had complied with requirement of Indian Child Welfare Act (ICWA); (2) clear and convincing evidence showed … Read more

Ending violence so children can survive: A report from the Attorney General’s Advisory Committee on American Indian and Alaska Native Children Exposed to Violence

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The Washington Post reports: A panel of Indian-country experts will recommend to Attorney General Eric H. Holder Jr. on Tuesday that tribes be allowed to criminally prosecute non-Indians who sexually or physically abuse Native American children on tribal land, saying that juveniles on reservations are living with “dire” levels of violence and poverty. See the … Read more

Electronic Notice for ICWA – webinar and resources

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The National for State Courts is providing access to an October 31, 2014 webinar and related materials on the topic of electronic notice to tribes in lieu of certified, registered mail under the Indian Child Welfare Act. ICWA eNotice Electronic Noticing in Indian Child Welfare Cases-Making It Happen. (October 2014). This pre-recorded webinar provides information … Read more

Dinwiddie Dep’t of Social Services v. Nunnally, October 31, 2014 (Virginia)

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Synopsis provided by Westlaw: Department of Social Services (DSS) filed petitions for foster care plans with the goal of adoption and to terminate parental rights of father and Indian mother. Indian tribe filed a motion to intervene and filed a motion to transfer jurisdiction to tribal court under the Indian Child Welfare Act (ICWA). The … Read more

In re L.S., J.R., et al. October 24, 2014 (California)

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Synopsis provided by Westlaw: County Health and Human Services Agency filed dependency petition alleging children were at risk. Following contested dispositional hearing, parents filed motion to modify bypass order and sought reunification services.The Superior Court, El Dorado County, Nos. SDP20130007 & SDP20130008, Dylan M. Sullivan, Court Commissioner, denied the motion, terminated parental rights, and selected … Read more

In re McCarrick/Lamoreaux, October 23, 2014 (Michigan)

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Synopsis: (from the opinion) “This consolidated child welfare dispute involves three dockets. In Docket No. 315510, respondent-mother, M. McCarrick, appeals of right the trial court’s March 13, 2013 order removing her three minor children from her home. In Docket No. 317403, McCarrick appeals of right the trial court’s June 28, 2013 order removing her minor … Read more

In the matter of L.M., October 22, 2014 (Oregon)

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Synopsis provided by Westlaw: In child dependency proceedings, parents appealed judgment of the Circuit Court, Douglas County, William A. Marshall, J., changing the permanency plan for their child from reunification to adoption. Holding provided by Westlaw: The Court of Appeals, Ortega, P.J., held that: (1) permanency hearing was not a key juncture in which due … Read more

C.F. v. The Superior Court, October 1, 2014 (California)

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Background provided by Westlaw: Child dependency proceeding was commenced. The Superior Court, Mendocino County, Nos. SCUKJVSQ 13–16775, SCUKJVSQ 13–16776, SCUKJVSQ 13–16777, Cindee F. Mayfield, J., issued order setting a permanent plan hearing, and mother petitioned for extraordinary relief. Holdings provided by Westlaw: The Court of Appeal, Rivera, J., held that: 1) Court of Appeal would … Read more

In re M.S. , September 30, 2014 (Montana)

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Synopsis provided by Westlaw: Department of Public Health and Human Services filed petition to terminate parental rights of mother and Indian father to Indian child. Notice was given to father’s tribe, and tribe intervened. The petition was dismissed and then refiled. Mother voluntarily relinquished her parental rights. The Eighth Judicial District Court, County of Cascade, … Read more

In re Francisco D., September 29, 2014 (California)

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Synopsis provided by Westlaw: County department of children and family services (DCFS) filed dependency petition. The Superior Court, No. CK98476, Los Angeles County, Jacqueline Lewis, Referee, sustained jurisdictional allegations and removed child from adoptive mother’s care. Mother appealed.  Holding provided by Westlaw: The Court of Appeal, Kitching, J., held that: (1) child’s sister had been … Read more

Department of Justice holds meeting (and webcast) 11/18/14 in DC to review and release findings & recommendations of their report on children exposed to violence.

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Justice Department (DOJ); Office of Justice Programs (OJP); Coordinating Council on Juvenile Justice and Delinquency Prevention (F.R. Page 56405) – Meeting (Webcast of meeting also available.) TIME: 10:30 a.m. EVENT: Justice Department (DOJ); Office of Justice Programs (OJP); Coordinating Council on Juvenile Justice and Delinquency Prevention (F.R. Page 56405) holds a meeting of the Coordinating … Read more

In re I.P., June 17, 2014 (California)

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Synopsis provided by Westlaw: Children and Family Services (CFS) filed a dependency petition alleging that child, age four, came within the jurisdiction of the juvenile court. Indian tribe responded indicating that child was eligible for membership and that tribe was intervening. The Superior Court, San Bernardino County, No. J239345, Cheryl C. Kersey, J., found that … Read more

In re Mischa S., June 24, 2014 (Nebraska)

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Synopsis provided by Westlaw: State filed petition to have child adjudicated as lacking proper parental care. Parents, one of whom was member of Indian tribe, entered no contest admission to petition, and child was allowed to remain at home under supervision. Guardian ad litem (GAL) subsequently moved to remove child from home. Following a hearing, … Read more

Grace L. v. State, Dept. of Health & Social Services, Office of Children’s Services, July 18, 2014 (Alaska)

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Synopsis provided by Westlaw: The Office of Children’s Services (OCS) filed a petition to terminate mother’s parental rights to child. The Superior Court, Third Judicial District, Palmer, Eric Smith, J., terminated parental rights. Mother appealed. Holding provided by Westlaw: The Supreme Court, Bolger, J., held that: (1) evidence supported finding that child was a child … Read more

In re Alexandria P., August 15, 2014 (California)

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Synopsis provided by Westlaw: County department of children and family services (DCFS) filed dependency petition. The Superior Court, Los Angeles County, No. CK58667, Amy M. Pellman, J., sustained jurisdictional allegations, terminated father’s reunification services and scheduled a hearing for termination of parental rights, granted de facto parent status to foster parents, found that foster parents … Read more

In re K.S., August 21, 2014 (Texas)

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Synopsis provided by Westlaw: In termination of parental rights proceedings involving Indian child, the 392nd Judicial District Court, Henderson County, terminated mother’s parental rights to child. Mother appealed. Holding provided by Westlaw: The Court of Appeals, James T. Worthen, C.J., held that: (1) trial court’s failure to strictly comply with notice requirements of Indian Child … Read more

In re Candace A., August 22, 2014 (Alaska)

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Synopsis provided by Westlaw: The Office of Children’s Services (OCS) filed a petition to adjudicate Indian child as a child in need of aid. The Superior Court, Fourth Judicial District, Bethel, Charles W. Ray, Jr., J., adjudicated child as a child in need of aid and ordered her to be returned to her parents’ home. … Read more

In re N.L. and M.L., September 9, 2014 (Illinois)

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Synopsis provided by Westlaw: State petitioned to terminate parental rights of father, a member of an Indian tribe, of one child and to terminate his legal relationship with other child, both of whom were born during marriage to mother. The 9th Judicial Circuit Court, McDonough County, Patricia A. Walton, J., terminated parental rights and legal … Read more

Native Village of Tununak v. State, Dept. of Health & Social Services, Office of Children’s Services, September 12, 2014 (Alaska)

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Synopsis Provided by Westlaw: After Indian child was found to be child in need of aid (CINA) and parents’ parental rights were terminated, Indian tribe sought to enforce Indian Child Welfare Act’s (ICWA) placement preferences, and child’s non-Indian foster parents petitioned for adoption. The Superior Court, Third Judicial District, Anchorage, Frank A. Pfiffner, J., granted … Read more

In re Isaiah W., August 8, 2014 (California)

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Synopsis provided by Westlaw: Department of Children and Family Services filed a petition alleging that mother’s and father’s illicit drug use placed child at risk of harm. After terminating parents’ reunification services and setting a hearing on the termination of parental rights, the Superior Court, Los Angeles County, No. CK91018, Jacqueline H. Lewis, J., entered order … Read more

Article: Protecting Native mothers and their children: a feminist lawyering approach.

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Protecting Native mothers and their children: a feminist lawyering approach. Joanna Woolman, Volume 40, William Mitchell Law Review, page 943-989. (2014). A mother killing her child is a shocking event. In the United States, our child protection system seeks to prevent this type of horror, along with countless other acts that harm children. Despite having … Read more

Passamaquoddy Tribe awarded $800,000 federal grant to aid at-risk children

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The Passamaquoddy Tribe has been awarded the first of what could be several federal grants totaling millions of dollars aimed at coordinating and bolstering services to at-risk children. The $800,000 grant from the Center for Mental Health Services, part of the Mental Health and Substance Abuse Services Administration of the U.S. Department of Health and … Read more

Billie v. Stier, April 25, 2014 (Florida)

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Synopsis provided by Westlaw: After unmarried mother who was member of Indian tribe filed custody petition in tribal court, father filed custody petition in circuit court. The Circuit Court, Miami–Dade County, entered order determining that it had jurisdiction pursuant to the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA). Mother filed petition for writ of … Read more

In re Interest of Shayla H. et al., May 20, 2014 (Nebraska)

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Synopsis provided by Westlaw: The Department of Health and Human Services (DHHS) initiated dependency proceedings concerning father’s three children. The Juvenile Court, Lancaster County, Linda S. Porter, J., entered dispositional order ordering a change of family therapist, declined to return legal custody of the children to father, and made specific ordered related only to father. … Read more

In the Matter of Abbigail A. June 16, 2014 (California)

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Synopsis from Westlaw: County department of health and human services filed  dependency petitions as to two children. The Superior Court, Sacramento County, Nos. JD232871 & 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 eligible … Read more

Hale Fights to Ensure Indian Child Welfare Act Law is Followed by New Arizona Department of Child Safety

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PHOENIX, May 29 — Arizona Democratic legislators issued the following news release: Rep. Albert Hale, D-St. Michaels (District 7), worked with Sen. Carlyle Begay, D-Ganado (District 7), and Rep. John Kavanagh, R-Fountain Hills (District 23), to ensure language requiring compliance with the federal Indian Child Welfare Act was added to recently passed legislation that will … Read more

Native American Youth Face Antiquated Juvenile Justice System

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A 1938 law sweeps American Indian and Alaska Native youth into the federal criminal justice system when they commit anything beyond misdemeanor crimes. Although American Indians comprise little more than 1 percent of the nation’s population, one 10-year study found that at any given time 43-to-60 percent of juveniles held in federal custody were American … Read more

In re R.L.-P., A.L.-P., R.L.-P., and L.L.-P, February 13, 2014, (North Dakota)

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Synopsis from Westlaw: Mother’s and father’s parental rights were terminated by District Court of Burleigh County, South Central Judicial District, Sonna M. Anderson, J., and they both appealed. Holding from Westlaw: The Supreme Court, Sandstrom, J., held that: (1) judicial referee’s fact findings were subject to Supreme Court review for clear error; (2) children remained … Read more

Molly O. v. State, Dep’t of Health and Social Services, Office of Children’s Services, March 14, 2014, (Alaska)

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Synopsis provided by Westlaw: Department of Health and Social Services, Office of Children’s Services (OCS), took emergency custody of three children and petitioned to terminate mother’s parental rights. The Superior Court, Fourth Judicial District, Fairbanks, Douglas Blankenship, J., denied mother’s motion to join grandmother, and grandmother’s motion to intervene as the children’s Indian custodian. Grandmother … Read more

In re J.S. March 25, 2014, (Montana)

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Synopsis provided by Westlaw: Department of Public Health and Human Services filed petition for legal guardianship, seeking to award guardianship of Indian child, who had been adjudicated a youth in need of care, to foster parents. The District Court, 20th Judicial District, Lake County, Deborah Kim Christopher, J., granted petition. Child’s father appealed. Holdings provided … Read more

Article: Protecting the rights of indigenous and multicultural children and preserving their cultures in fostering and adoption

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Protecting the rights of indigenous and multicultural children and preserving their cultures in fostering and adoption. Mark Anderson. Volume 52 Family Court Review, page 6. (2014) Article excerpt: This article examines transracial/cultural placement of children for fostering and adoption as discussed within the context of expert evidence in applications for permanent placement. Transracial/cultural placement raises the … Read more

New Publication – Indian Child Welfare Act Facts and Fiction

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ICWA Facts and Fiction is a new publication of the National Council of Juvenile and Family Court Judges (NCJFCJ). Visit the NCJFCJ website for a copy of this resource published in December, 2013. See also other related NCJFCJ publications. The Tribal Judicial Leadership Group, coordinated by the NCJFCJ and Casey Family Programs, and comprised of tribal … Read more

Panel: Baby Veronica – Texting Paternity Away and Bringing ICWA into 21st Century

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The 2014 FBA Indian Law Conference includes this panel: Thursday, April 10, 2014 – Morning Session PANEL 1. BABY VERONICA – TEXTING PATERNITY AWAY AND BRINGING ICWA INTO 21ST CENTURY Natalie Landreth, Senior Attorney, Native American Rights Fund (Moderator) Anita Fineday, Director, Casey Family Program, Indian Child Welfare Program Heather Kendall-Miller, Senior Attorney, Native American … Read more

Strong Interest in New Peacemaking Court in Washtenaw County

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There appears to be a lot of interest in a new kind of court in Washtenaw County. More than 80 lawyers, mediators, and probation officers packed Judge Timothy Connors’ courtroom on Friday. They were there for a six-hour education session on the Native American philosophy that guides the new peacemaking court…. Read the full story … Read more

Indian Groups Question Public Child-Welfare Practices

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Several prominent Native American groups on Monday called for the Justice Department to investigate the treatment of Indian children in public child-welfare systems and private adoptions. In a letter presented to government officials in… Read more at the New York Times website and see the National Indian Child Welfare Association press release. 

Department of Health and Human Services v. J.G., January 2, 2014, (Oregon)

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Synopsis provided by Westlaw: “Department of Human Services moved to appoint Indian child’s current foster parent as child’s legal guardian. The Circuit Court, Klamath County, Cameron F. Wogan, J., granted motion. Mother appealed.” View the decision at the National Indian Law Library website.

In re Jayden D. and Dayten J., January 14, 2014, (Nebraska)

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Excerpt from the opinion: “Yolanda W., formerly known as Yolanda O., appeals from the decision of the separate juvenile court of Lancaster County, which denied her motion to transfer the termination of parental rights proceeding in this juvenile case to tribal court. Because we find that the State failed to establish good cause to deny … Read more

State v. B.B. December 19, 2013, (North Dakota)

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Synopsis provided by Westlaw: “After tribal court awarded custody of Native American child to his Native American maternal grandmother, State brought action against child’s non-Indian father, seeking an adjudication of paternity, an award of future child support, and an order requiring father to reimburse State for public assistance provided to child’s grandmother. The District Court, … Read more

New Law Review Article on “Baby Veronica” case and the Indian Child Welfare Act

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Indian Child Welfare Act — Termination of Parental Rights —Adoptive Couple v. Baby Girl  127 Harvard Law Review 368 (November 2013) In the decades leading up to 1978, large numbers of Indian families were broken up through forced adoption or foster-care placement of Indian children, usually in non-Indian homes.1 To stem this “wholesale removal of … Read more

Alaska Office of Children’s Services: Indian Child Welfare Website

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From the website: “The State of Alaska Department of Health & Social Services (DHSS), Office of Children’s Services (OCS) strongly supports the Indian Child Welfare (ICWA) and continues to build federal ICWA mandates into all levels of OCS Child Welfare. We continue to develop postive collaborative and communicative partnerships with all Native organizations and Alaska … Read more

The U.S. Department of Justice offers grants to fund Native American Children/Youth Programs.

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From the press release: The U.S. Department of Justice announced the opening of a comprehensive grant solicitation for funding to support public safety, victim services, and crime prevention by American Indian and Alaska Native governments. The department’s FY 2014 Coordinated Tribal Assistance Solicitation (CTAS) is available at www.justice.gov/tribal/open-sol.html . “Over the past four years, more … Read more

Hearing of the Advisory Committee of the Attorney General’s Task Force on American Indian/Alaska Native Children Exposed to Violence

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Summary from the Federal Register: This is an announcement of the first hearing of the Advisory Committee of the Attorney General’s Task Force on American Indian/Alaska Native Children Exposed to Violence (hereafter referred to as the AIAN Advisory Committee). The AIAN Advisory Committee is chartered to provide the Attorney General with valuable advice in the … Read more

Federal Court Rules on Jurisdiction relating to the Indian Child Welfare Act

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In Jones v. Lummi, a federal judge in the state of Washington ruled on an issue relating to tribal jurisdiction. Here is some text from his 10/22/13 opinion: “More than 20 days have now passed since the court issued its September 30, 2013, order, and neither Mr. Jones nor Defendants have filed a timely response … Read more

New U.S. Legislation Introduced to Help Native American Children

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From a 10/30/13 press release: HEITKAMP INTRODUCES FIRST BILL AS U.S. SENATOR; AIMS TO IMPROVE THE LIVES OF NATIVE AMERICAN CHILDREN Summary of the Bill and Quotes from North Dakota Tribal Leaders Below WASHINGTON, D.C. – U.S. Senator Heidi Heitkamp today introduced her first bill since joining the U.S. Senate, a comprehensive plan to find … Read more

Nominees to Serve on the Bureau of Indian Education Advisory Board for Exceptional Children Notice Posted in Federal Register

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WASHINGTON, Oct. 22 — The U.S. Department of the Interior published the following notice in the Federal Register from the Indian Affairs Bureau: Request for Nominees to Serve on the Bureau of Indian Education Advisory Board for Exceptional Children Nomination applications must be received on or before November 15, 2013. Read the notice at the … Read more

Kyle S. v. State, Dep’t of Health & Social Services, October 4, 2013 (Alaska)

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Synopsis provided by Westlaw: “The Department of Health and Social Services filed a petition alleging Indian child was a child in need of aid. The Superior Court of the State of Alaska, Fourth Judicial District, Fairbanks, Randy M. Olsen, J., adjudicated child as a child in need of aid. Father appealed.” Read the decision at … Read more

Chloe O. v. State, Dep’t of Health & Social Services, Office of Children’s Services, September 20, 2013 (Alaska)

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Synopsis provided by Westlaw: “The Office of Children’s Services (OCS) filed a petition to terminate mother’s parental rights to child. The Superior Court, Third Judicial District, Anchorage, Peter A. Michalski, J., terminated parental rights. Mother appealed. The Supreme Court remanded. On remand the Superior Court found, by clear and convincing evidence, that OCS made active … Read more

Claudio P. v. State, Dep’t of Health & Social Services, Office of Children’s Services, September 20, 2013 (Alaska)

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Synopsis provided by Westlaw: “In child dependency proceeding involving incarcerated father, the Superior Court, Fourth Judicial District, Fairbanks, Michael P. McConahy, J., terminated parental rights. Father appealed.” Read the case at the National Indian Law Library website.

Thompson v. Fairfax County Department of Family Services, September 10, 2013 (Virginia)

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Synopsis provided by Westlaw: “County Department of Family Services filed petition to terminate parental rights of both parents of Indian child. The Circuit Court, Fairfax County, Randy I. Bellows, J., held that the guardian ad litem and foster parents had not established good cause to retain jurisdiction and ordered the case transferred to tribal court, … Read more

In re D.N. August 14, 2013 (California)

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Here is text from the opinion: R.N. (mother) and E.T. (father) appeal from the order terminating their parental rights to daughters D.N. and A.T. The parents argue there is a lack of compliance with the notice requirements of the Indian Child Welfare Act, 25 U.S.C. section 1901 et seq. (ICWA). We affirm. Substantial evidence supports … Read more

Recent Media Coverage of “Baby Veronica” Case (8/19/13)

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Custody battle continues despite ruling by justices (NY Times) 8/13/13 SC Family seeks deal in Cherokee custody case (HeraldOnline.com) 8/14/13 Cherokee father enters courthouse without child (Miami Herald) 8/16/13 Watch: Native American adoption case gets complicated (ABC News) 8/17/13 Rally planned for Cherokee girl in custody dispute (NewsOn6.com) 8/19/13 Tulsa protesters react to Baby Veronica … Read more

Pilot Project for Tribal Jurisdiction Over Crimes of Domestic Violence, DOJ Notice of 6/14/13

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The Department of Justice announces a pilot project for tribal jurisdiction over crimes of Domestic Violence, Friday, June 14, 2013, 78 FR 35961-01, (PDF), 2013 WL 2643596 Related News: VAWA Pilot Project Notice in Federal Register, plus supporting materials (Turtletalk) 6/14/13. SUMMARY: This notice proposes procedures for an Indian tribe to request designation as a … Read more

Christopher C. v. State Department of Health & Social Services Office of Children’s Services, June 28, 2013 (Alaska)

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The Alaska Office of Children’s Services (OCS) was successful in terminating parental rights for the parents of four Indian children. Despite attempts by the parents, and active efforts to prevent the breakup of the family by OCS, evidence supported finding that the children would be endangered and would likely suffer emotional and physical harm if … Read more

NARF Files Civil Rights Case Filed on Behalf of Baby Veronica

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Read the press release. Read the complaint filed in the U.S. District Court in South Carolina. From the press release…The litigation was filed on behalf of Veronica, by Angel Smith, an attorney appointed as counsel for the child by the courts of the Cherokee Nation, in U.S. District Court in South Carolina, and asks the … Read more

Resolution in Support of Tribal Courts from National Association for Court Management

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On July 14, 2011 the National Association for Court Management (NACM) passed a resolution resolution demonstrating their commitment to ICWA. Excerpt from the resolution – “…NACM is committed to engaging tribal court managers as full partners in fulfilling the mission of NACM and in meeting the needs of all children and families served by the state … Read more

News Stories on the “Adoptive Couple v. Baby Girl” Decision from the U.S. Supreme Court

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A split decision on ‘Baby Veronica’ court battle (Tulsa World) 6/26/13. Supreme Court Strikes a Hard Blow to Tribal Sovereignty in Adoption Case (Common Dreams) 6/26/13. Supreme Court says Native American child doesn’t have to be given to biological father (Washington Post) 6/25/13. Justices Rule in Favor of Adoption of Indian Child (NY Times) 6/25/13. … Read more

U.S. Supreme Court Reverses and Remands Adoptive Couple v. Baby Girl to S.C. Supreme Court

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Find the opinion here. Commentary will be published soon on the blog. The syllabus from the ruling: “The Indian Child Welfare Act of 1978 (ICWA), which establishes federal standards for state-court child custody proceedings involving Indian children, was enacted to address “the consequences . . . of abusive child welfare practices that [separated] Indian children … Read more

Disproportionality Rates for Children of Color in Foster Care 2013 Technical Assistance Bulletin

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Since 2011, the NCJFCJ has published Disproportionality Rates for Children of Color in Foster Care Technical Assistance Bulletins, which identify the disproportionality rates for all state and select Model Courts across the Country. See: Disproportionality Rates for Children of Color in Foster Care Technical Assistance Bulletin. This Bulletin, released May 2013, utilizes the most current … Read more

Colorado Court of Appeals Rules Against Transfer of Case to Tribal Court

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On May 9, the Colorado Court of Appeals held that substantial evidence supported juvenile court’s findings of good cause to deny transfer of jurisdiction to tribal court and supported the juvenile court’s holding that the Department of Health and Human Services met the “active efforts” standard required by the Indian Child Welfare Act. Read more … Read more

Lakota to file UN Genocide Charges Against US

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In April, a grassroots movement led by Lakota grandmothers toured the country to build support for a formal complaint of genocide against the United States government and its constituent states. Though temporarily overturned, the recent conviction of Efrain Rios Montt for genocide against indigenous Guatemalans should give US officials, particularly members of the Supreme Court, … Read more

Court Decisions Show ICWA Can Work, for Better or Worse

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The decisions of the South Dakota Supreme Court contain many cases involving the federal law known as the Indian Child Welfare Act.They are always a sad story… Read more at the Black Hills Pioneer website. Research cases and law relating to ICWA in South Dakota at the Practical Guide to the Indian Child Welfare Act … Read more

South Dakota Files Motion to Dismiss Tribes’ ICWA Lawsuit

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The South Dakota Department of Social Services is seeking the dismissal of an Indian Child Welfare Act lawsuit filed by the Oglala Sioux Tribe and the Rosebud Sioux Tribe.The lawsuit accuses the state of violating ICWA by removing Indian children from their homes without due process to their families or to tribes… Read more at … Read more

Letter from Bryan Samuels, Commissioner of the ACYF to Tribes and States

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Bryan Samuels, the Commissioner of the Administration on Children, Youth and Families (ACYF) wrote a letter to tribal leaders and state child welfare directors in April 2013 regarding the importance on ongoing consultation and coordination around the delivery of child welfare services.  Read the letter and attachments at https://icwa.narf.org/documents/20130429_Samuels-letter.pdf.  

Commentary on “Adoptive Couple v. Baby Girl” in Michigan Law Review

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The Michigan Law Review just published an opinion piece: Adoptive Couple v. Baby Girl: Two-and-a-Half Ways To Destroy Indian Law. Article excerpt: “In December 2011, Judge Malphrus of the South Carolina family court ordered Matt and Melanie Capobianco to relinquish custody of Veronica, their two-year-old, adopted daughter, to her biological father, Dusten Brown. A federal … Read more