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

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)

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)

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

Child Care and Development Block Grant Act is Signed into Law

Ensuring access to safe, good and affordable child care is crucial for helping to lift low-income parents out of poverty and build futures for their children. The child care bill signed on Wednesday by President Obama is a bipartisan step in the right direction, and it holds promise for further progress. Read the full article … Read more

Native American Kids Need More Protection, Advisory Panel Tells Holder

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. Read the full article at the … Read more

CMS Awards $3.9 Million to Improve Access to Health Care

Nov. 12, 2014 – The Centers for Medicare & Medicaid Services (CMS) today awarded $3.9 million for outreach and enrollment efforts aimed at American Indian and Alaska Native children eligible for Medicaid and the Children’s Health Insurance Program (CHIP). The grant awards will fund activities to engage schools and tribal agencies in Medicaid and CHIP … 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

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

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)

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)

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)

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)

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

Tribal, State, and Federal Courts Met to Expand Collaboration on Child Welfare Issues (Michigan)

The Michigan Tribal State Federal Judicial Forum convened October 27-28 in Petoskey to review and adopt its charter and address the importance of judicial leadership in child welfare issues. The Forum was created by Michigan Supreme Court Administrative Order in June and is the first entity of its kind to meet since the previous Tribal … Read more

Collaboration a common concern of child welfare conference speakers (Nebraska)

An article describing a recent social welfare conference at Chadron State College includes some ICWA references: During a panel discussion following the keynote, William Cross of Gordon, Nebraska, social worker with the ICWA ONTRAC office in Pine Ridge, South Dakota, challenged the Oglala Sioux tribe and CSC to collaborate more often to support Native American … Read more

Inaugural Tribal-State Court Forum Addresses Child Welfare Issues

The Michigan Tribal State Federal Judicial Forum, which was created this year and held its first meeting in Petoskey this week, provides an ongoing venue for all three jurisdictions to convene and improve working relations and communications. A priority for the Forum is addressing child welfare issues, and ensuring that our courts systems are meeting … Read more