NARF, NCAI, and NICWA coordinate filing of amicus (friends of the court) briefs in “Adoptive Couple v. Baby Girl”

Background: Adoptive Couple v. Baby Girl is a case in which the South Carolina Supreme Court held that a Native American (Indian) child could not be adopted by non-Indian parents without complying with the requirements of the Indian Child Welfare Act (ICWA). The court ordered the child returned to her biological father after she had … Read more

Court Documents for “Adoptive Couple v. Baby Girl” (12-399)

The Tribal Supreme Court Project (a project of the Native American Rights Fund in partnership with the National Congress of American Indians) is providing copies of court documents for the Supreme Court case Adoptive Couple v. Baby Girl (12-399).   The page includes a link to the court’s docket sheet, lower court opinions and briefs, and … Read more

April 25, 2013: Strengthening and Healing Our Children, Families and Community through Tribal-State Collaboration

On April 25, 2013 (8:00 a.m. – 4:30 p.m., Central), the Alabama-Coushatta Tribe of Texas will hold its Third Judicial Symposium at the tribe’s Special Events Center on the Alabama-Coushatta Reservation (Texas).  This free event, entitled Strengthening and Healing Our Children, Families and Community through Tribal-State Collaboration will feature speakers including tribal and state judges … Read more

Well-Being of Native Children and Youth in Foster Care: Leave No American Indian Child Behind!

Daryle Conquering Bear Crow (Oglala Sioux Tribe), Foster Care Alumni and Consultant for the National Council of Juvenile and Family Court Judges and National Resource Center for Tribes Summary: Judges, lawyers, guardian ad litem attorneys, CASA volunteers and others need to keep in mind the agony, hurt and lack of connection that many native youth … Read more

Program: Tribal STAR (Successful Transitions for Adult Readiness)

Tribal STAR (Successful Transitions for Adult Readiness) is a program of the San Diego State University School of Social Work, Academy for Professional Excellence. It’s mission is to ensure Tribal foster youth are connected to culture, community and resources. The program does this by providing training and technical assistance to tribes, tribal programs, county social … Read more

South Dakota disputes NPR report on placement (Argus Leader)

More than a year after a controversial National Public Radio investigation into violations of the Indian Child Welfare Act in South Dakota, an ombudsman report judging its accuracy has yet to see the light of day. …From the beginning, though, state officials have called the NPR series misleading. While it’s common for targets of news … Read more

Tribes host press conference on alleged violations of Indian Child Welfare Act (Rapid City Journal)

With the backing of the American Civil Liberties Union, the Oglala and Rosebud Sioux tribes filed a federal class action today in Rapid City against at least two Department of Social Services employees, Pennington County State’s Attorney Mark Vargo and presiding 7th Circuit Judge Jeff Davis. The tribes and others are challenging what they call … Read more

South Dakota Parents and Tribes Sue Over Unlawful Separation of Children From Families (ACLU)

Three Indian parents and two tribes in South Dakota filed a class-action lawsuit today over repeated violations of their fundamental rights during the separation process of children from their families by state officials. The children were removed from their homes without their parents or tribes getting timely, fair and adequate hearings, as required by law. … Read more

DOJ submits brief in support of Cherokee father in ICWA case (Indianz.com)

As anticipated, the Department of Justice has filed an amicus brief in Adoptive Couple v. Baby Girl, an Indian Child Welfare Act case that’s before the U.S. Supreme Court. The brief supports Dusten Brown, a member of the Cherokee Nation whose rights are at issue in the case. Government attorneys urged the Supreme Court to … Read more

Resource: Glossary of ICWA-Related Terms (NICWA)

The Indian Child Welfare Glossary and Flowchart from the National Indian Child Welfare Association provides a 1-page flowchart of ICWA/Child Protective Services accompanied with an 8-page glossary of words that are commonly used in Indian child welfare situations.  Find them both at http://www.nicwa.org/Indian_Child_Welfare_Act/glossary.pdf.

2005 ICWA Report on Targeting Guidance and Assistance

Existing Information on Implementation Issues Could Be Used to Target Guidance and Assistance to States U.S. Government Accountability Office GAO-05-290, Apr 4, 2005 Status: Closed – Not Implemented This report describes (1) the factors that influence placement decisions for children subject to ICWA; (2) the extent to which, if any, placements for children subject to … Read more

Resource: ICWA Desk Guide (Casey Family Programs)

Produced by the Casey Family Programs, this eight-page Indian Child Welfare Act (ICWA) desk guide is a general reference about the major provisions of the ICWA and the laws and policies regarding the application of the law in different jurisdictions. (Some states provide guidance regarding ICWA in their policy manuals and through training; other states … Read more

Maine, Tribes Seek ‘Truth And Reconciliation’ (NPR)

In Maine, an unusual and historic process is under way to document child welfare practices that once resulted in Indian children being forcibly removed from their homes. Many of the native children were placed with white foster parents. Chiefs from all five of Maine’s tribes, along with Gov. Paul LePage, have created a Truth and … Read more

Indian Law Section Requests Input on Amicus Brief in Adoption Case

The State Bar of Wisconsin’s Indian Law Section is seeking feedback on its plan to file an amicus curiae brief in a U.S. Supreme Court case, Adoptive Couple v. Baby Girl, brought by a couple who attempted to adopt a Native American child.   Comments are due by March 20.  Read more at http://www.wisbar.org/NewsPublications/Pages/General-Article.aspx?ArticleID=10627

Tribes line up support as Supreme Court takes up ICWA dispute (Indianz.com)

The National Congress of American Indians and the Native American Rights Fund are lining up some major support as the U.S. Supreme Court prepares to hear Adoptive Couple v. Baby Girl, an Indian Child Welfare Act case. At least a dozen briefs will be filed in support of Dusten Brown, a member of the Cherokee Nation whose rights are at issue in the case. Briefs are … Read more

Reclaiming Her Identity: A Conversation With Native Adoptee and Author Susan Fedorko (Indian Country Today)

Susan Fedorko was 40 years old when she found her birth family—or rather, when a long-lost sister found her. Her first book,Cricket: Secret Child of a Sixties Supermodel(Outskirts Press, 2012) chronicles Fedorko’s journey from Native American adoptee-turned “white” mother and wife, to a person reunited with her extended family.   Read more at http://indiancountrytodaymedianetwork.com/2013/02/26/reclaiming-her-identity-conversation-native-adoptee-and-author-susan-fedorko-147877

In re Guardianship of LNP, Supreme Court of Wyoming , Feb. 20, 2013

On February 20, 2013, the Supreme Court of Wyoming (No. S–12–0155) made a ruling on an issue regarding the Indian Child Welfare Act and guardianship. *1 [¶ 1] Appellant, KC, (“Mother”), challenges the district court’s decision to appoint CC and his wife, EC, (“Grandparents”), as permanent guardians for Mother’s daughter, LNP. Mother contends the guardianship … Read more

ICWA Resource Page (NICWA)

The National Indian Child Welfare Association (NICWA) offers a page of resources related to the Indian Child Welfare Act of 1978 (ICWA) at http://www.nicwa.org/Indian_Child_Welfare_Act/. The page includes: NICWA and ICWA Compliance – A description of the way in which NICWA supports tribes in their efforts to effectively address ICWA compliance. Frequently Asked Questions History of … Read more

Letter: Help keep native families together (Argus Leader)

A South Dakota grandmother comments on the implementation of the Indian Child Welfare Act in her state: As I read on the newspaper sites in Indian Country that Indian Child Welfare Act Summit is coming to South Dakota, National Public Radio writes of the demise of South Dakota taking all these children. I have to … Read more