Papers Expose Corruption, Abuse on Tribal Lands

  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

Child Welfare System Accused of Repeating Residential School History (Canada)

Today, after the public apologies and restitution over the government’s residential school system, disproportionately high rates of aboriginal child apprehensions continue across Canada. “There are more First Nation children in care today than during the height of residential schools,” said Shawn Atleo, former National Chief of the Assembly of First Nations. “We cannot lose another … Read more

Study Outlines How Poverty, Schools, and Absenteeism Affect Oregon’s Tribal Students

“The Condition of Education for Members of Oregon’s Indian Tribes” was a study completed by ECONorthwest and the Chalkboard Project. The Spirit Mountain Community Fund paid for the study, which looked at students enrolled in seven of Oregon’s federally recognized tribes, including the Klamath Tribes. Read more about the report at the Herald and News … Read more

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

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

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

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

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

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

Native Youth Education in State of Emergency

From kindergarten retention to high school graduation rates, education data show that American Indian and Alaskan Native students are faring the worst of all U.S. ethnic groups, according to a new White House report on Native youth. Read the full article at the EdSource website.

Michigan Court of Appeals Reverses Termination of Parental Rights; Cites Indian Child Welfare Act Standard

In any child custody proceeding involving Indian children, all parties should understand there are significant legal and procedural requirements that must be met before parental rights to Indian children may be terminated. The federal government and the State of Michigan show concern over potential separation of Indian children from their families and tribes through the Indian … Read more

Feds Pledge to Help Tribes with Enforcement of Indian Child Welfare Act

At the conclusion of the White House Tribal Nations Conference in Washington, D.C. this month, U.S. Attorney General Eric Holder briefly outlined the plan to require more compliance with ICWA. “This federal initiative represents a long overdue recognition by the Department of Justice that, 38 years after Indian Child Welfare Act was enacted into law, … Read more

33rd Annual Protecting Our Children National American Indian Conference on Child Abuse and Neglect April 19-22, 2015 | Portland, Oregon

Each year, the National Indian Child Welfare Association (NICWA) hosts the largest national gathering on American Indian and Alaska Native child advocacy issues. With over 800 attendees, this three-day conference attracts attention across North America, creating a space where participants can learn about the latest information across Indian Country in child welfare. Learn more and … Read more

Obama Unveils Plan To Help Young American Indians

Pledging to fulfill a “sacred responsibility,” President Barack Obama unveiled an initiative Wednesday aimed at improving dire conditions and creating opportunities for American Indian youth, more than a third of whom live in poverty. Read the full article at the Huffington Post website. Read the president’s remarks,  a related fact sheet and the 2014 Native … Read more

Indian Country Today Coverage of “Native Village of Tununak v. The State of Alaska”

Elise wanted her granddaughter, but after nearly six years in court fighting to assert her rights under federal law, time was not on her side. The Inupiaq elder, who has eight children and 26 grandchildren, had steadfastly refused to give up on a child whom she felt needed—and deserved—to be raised by her own family … Read more

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

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)

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

Indian Child Welfare Act; Designated Tribal Agents for Service of Notice (Federal Register Notice)

A Federal Register Notice by the Indian Affairs Bureau made on 12/04/2014. 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

Attorney General Eric Holder Delivers Remarks During the White House Tribal Nations Conference

During his remarks on December 3, 2014, Attorney General Eric Holder announced a new initiative to promote compliance with the Indian Child Welfare Act : Under this important effort, we are working to actively identify state-court cases where the United States can file briefs opposing the unnecessary and illegal removal of Indian children from their … Read more

From Broken Homes to a Broken System (Washington Post)

Around the country, juveniles on reservations are left to languish in cash-strapped facilities that cannot afford to provide the kind of rehabilitative services afforded to most young offenders in the United States. Because some reservations have no juvenile detention centers, offenders often are shipped to facilities far from their homes, compounding the isolation of incarceration. … Read more

Tribal Program Spotlight: The Inter-Tribal Council of Michigan Head Start Center

Toward that end, the LTBB Head Start Center employs a language teacher to teach children and staff their Native language of Anishinaabemowin.  Sometimes the kids are so excited that they go home and teach their parents, a practice that has resulted in the center receiving calls from parents inquiring about the meaning of common words. … Read more