Six years after landmark settlement, New Mexico makes limited progress on child welfare reforms

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After being sued by disability rights advocates, the state of New Mexico is making slow but steady progress on a series of foster care reforms, according to lawyers representing 13 children in a 2020 class-action settlement. They include placing foster children in the least-restrictive settings, expanding access to behavioral health services, creating a “trauma-responsive” system of … Read more

Tribal Nations urge appeals court to uphold ICWA in Arizona foster care case

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Six Tribal Nations with children currently involved in dependency proceedings in Arizona state courts — the Fort McDowell Yavapai Nation, Gila River Indian Community, Navajo Nation, Pascua Yaqui Tribe, Salt River Pima-Maricopa Indian Community, and Tohono O’odham Nation — have filed an amicus curiae brief with the Arizona Court of Appeals, Division Two, supporting the … Read more

Members of Congress Call for American Indian and Alaska Native Child Abuse Prevention and Treatment Act

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For decades, the Child Abuse Prevention and Treatment Act has been the bedrock federal law in the United States addressing child neglect and abuse. But members of Congress say it has not adequately filled the gaps in care for Indigenous children and families, who are more likely than other groups to experience traumatic childhoods.  Read … Read more

Minnesota’s highest court rejects latest challenge to the Indian Child Welfare Act

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The Minnesota Supreme Court has ruled in the case of two white foster parents that they do not have standing to argue the bedrock Indian Child Welfare Act violated their constitutional equal protection rights. The federal law known as ICWA, and a state version of the law, prioritizes tribal children’s connection to kin.  Read the full story … Read more

70% of children in South Dakota foster care are Native American, state says

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For the fourth year in a row, Native American children made up more than 70% of children in the South Dakota foster care system at the end of the state’s fiscal year. That’s six times higher than Indigenous children’s representation in the state’s population. White children, by comparison, make up 70% of the state’s population and 23% … Read more

Woman sues state over alleged sexual abuse while in foster care

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A South Dakota woman is suing the State of Iowa for allegedly placing her in a foster home with a convict who sexually assaulted her . . . The lawsuit alleges that before DHS placed Winkel in a foster home it was required by law to conduct a criminal background check on her prospective foster … Read more

American Indian and Alaska Native children twice as likely to live with grandparents

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A new analysis of American Community Survey (ACS) data from 2018 to 2022 finds that a sizeable share (23.3%) of American Indian and Alaska Native (AIAN) children under age 18 lived with a grandparent, or nearly twice the percentage among all U.S. children (12.4%). Among AIAN children who lived with a grandparent, the majority also … Read more

How the US is still removing Indigenous children from their families at alarming rates – video

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For centuries, the US government tried to erase Indigenous identity, with boarding schools, adoptions and a chilling mission: “Kill the Indian in him, and save the man.” In 1978, a law was passed to protect Native American families. But it didn’t fix the system. Today, Native children are still being removed at shocking rates. In … Read more

Cherokee Nation opens new 40,000-square-foot Indian child welfare office

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TAHLEQUAH – Cherokee Nation leaders gathered on Oct. 14 to cut the ribbon to open the tribe’s new Indian Child Welfare office.  The 40,000-square-foot space, formerly a Mean’s Furniture store at 3227 S. Muskogee Ave., was purchased by the CN and remodeled to house the more than 70 ICW employees with the capacity for up … Read more

California state legislature passes bill aimed at keeping Native American children out of foster care

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A bipartisan bill to ensure Native American children and families receive culturally appropriate support services aimed at preventing foster care placements passed the California Legislature last week. If signed by Gov. Gavin Newsom, Assembly Bill 1378 would amend state law to let tribes and tribal organizations partner with the California Department of Social Services to … Read more

State justices uphold US Indian Child Welfare Act

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The South Dakota Supreme Court has unanimously upheld a circuit judge’s decision requiring an American Indian child be raised by her American Indian father, rather than be placed with relatives of the child’s mother. The state’s high court publicly released the opinion on Thursday regarding the federal Indian Child Welfare Act. Read the full story at Keloland South Dakota.

A baby adopted, a family divided: how a Utah politician’s adoption of a Native child spurred a federal investigation

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In 2017, David Leavitt drove to the Northern Cheyenne reservation in Montana to adopt a baby girl. A few years later, during an interview with a documentary filmmaker, Leavitt, a wealthy Utah politician, told a startling story about how he went about getting physical custody of that child.  Listen to the full story at Mother Jones.

Native Foster Youth Survey Reveals Lessons for Child Welfare Professionals, Advocates

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Hoping to inform child welfare agencies about what Indigenous children in foster care need most, the Center for Native American Youth is completing a survey that gives voice to the youth themselves.  The center’s staff say that Native youth are overrepresented in the child welfare system, yet underrepresented in conversations about their needs, which are … Read more

When it comes to laws to keep Minnesota Native families intact, effectiveness depends on geography

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Four decades ago, Minnesota created some of the strongest protections in the country to stop the practice of separating Native children from their communities when they are placed in foster care. But in practice, families and advocates across the state say those protections erode quickly when resources are stretched thin, services are miles away, or … Read more

Challenging the Indian Child Welfare Act: Colorblind racism, whiteness as property, and the legal architecture of settler colonialism

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Bringing critical race theory and settler colonial theory to bear on legal mobilization scholarship, this article examines the ongoing campaign to strike down the 1978 Indian Child Welfare Act (ICWA). Find more information and a link to the full Law & Society Review article via the National Indian Law Library catalog.

Tribes are ‘decolonizing’ child welfare practices, national researchers find

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A guiding principle of state and federal laws governing child abuse and neglect cases is that foster homes must be safe, comfortable and respectful in order to serve children’s “best interests.” The Agua Caliente Band of Cahuilla Indians has expanded that legal definition — requiring that children attend cultural events and learn their Native language.  Read the … Read more

Colorado among growing number of states aiming to strengthen local ICWA laws that protect tribal children and families

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Brittani Lopez cuddled her 15-month-old daughter while testifying at a virtual hearing before the Colorado state Legislature earlier this year.  Elizabeth, who spent her early months in the child welfare system, wore a pink onesie and tugged at her Sicangu Lakota mother’s long porcupine-quill earrings as Lopez urged lawmakers to improve Colorado’s Indian Child Welfare Act (ICWA). … Read more

Despite opposition, Montana legislator advances two priority bills from American Indian caucus

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Two priority bills for the Montana Legislature’s American Indian Caucus are back in play after strategic moves last week by Sen. Jonathan Windy Boy, a Democrat from Box Elder. While the bills were previously voted down in Senate committees, Windy Boy on Feb. 21 brought motions to revive legislation to update and extend Montana’s Indian Child … Read more

Native American Child Protection Act

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The Native American Child Protection Act became Public Law No: 118-160 on 12/23/2024. This act revises certain programs related to the prevention, investigation, treatment, and prosecution of family violence, child abuse, and child neglect involving Indian children and families. Specifically, the act revises the Indian Child Abuse Treatment Grant Program to encourage the use of … Read more

What the Indian Child Welfare Act means for tribal sovereignty

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The Indian Child Welfare Act of 1978 (ICWA) has been considered the “gold standard” of child welfare best practice from experts in the field. This is because it requires active efforts to keep children safe in their homes and connected to their families, communities, and culture. For the past 46 years, ICWA has stood as a powerful force in … Read more

Minnesotans rally on state Supreme Court steps to protest latest challenge to the Indian Child Welfare Act

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Amid drums, smudging and chants to “bring our children home,” supporters of the Indian Child Welfare Act gathered early this morning outside the Minnesota Capitol building, as the state’s highest court considered the latest legal threat to the bedrock 1978 law.  Read the full article at the Imprint’s website.

California Law Helps Tribes Keep Kids Out of Foster Care. A New Court Ruling Strengthens Their Hand

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The California Supreme Court on Monday reinforced those rules in a new decision, stressing that child welfare agencies must investigate (PDF) whether children have Native American ancestry before placing them in foster care. It’s a decision that could strengthen tribes’ hand in disputes over separating families by compelling social workers to go a step further before removing a child. … Read more

Child Welfare Policy Manual Updated July 30, 2024

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On July 30, the Administration for Children and Families under the Department of Health and Human Services introduced vital new policies to the Children’s Bureaus’ Child Welfare Policy Manual (CWPM). The CWPM provides additional clarifications on federal law and regulations in child welfare. Read about recent updates at the Children’s Bureau website.

Notice of Public Briefing of the Hawai’i Advisory Committee to the U.S. Commission on Civil Rights

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Notice is hereby given, pursuant to the provisions of the rules and regulations of the U.S. Commission on Civil Rights (Commission) and the Federal Advisory Committee Act (FACA), that the Hawai’i Advisory Committee (Committee) to the U.S. Commission on Civil Rights will convene by ZoomGov on Friday, August 2, 2024, from 2:00 p.m. to 3:30 … Read more

Indian Child Welfare Quarterly and Annual Report and Tribal Reassumption of Jurisdiction over Child Custody Proceedings, 25 CFR 13.

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4. The BIA is seeking to revise the information collection conducted under 25 CFR 23, related to the Indian Child Welfare Act (ICWA). The BIA uses the information to determine the extent of service needs in local Indian communities, assess ICWA program effectiveness, and provide date for the annual program budget justification. 15. The BIA … Read more

House Members Introduce ICWA Enhancement Measure

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The “Strengthening Tribal Families Act of 2024” would require the Department of Health and Human Services to create a technical assistance plan using six metrics of data to assess the strengths and weaknesses of states’ implementation plans of the Indian Child Welfare Act. Read the full article at Native News Online.

Indian Nations Agreement Signed with Washington State to Provide Indian Child Welfare Services

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Under the terms of the agreement, which recognizes the government-to-government relationship between federally-recognized tribes and the United States, Tlingit & Haida will collaborate closely with DCYF to deliver culturally sensitive and responsive services that prioritize the well-being of tribal children and families. Read the full article at Alaska Native News.

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

Fifth Circuit to Rehear Indian Child Welfare Act Challenge

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Today, the United States Court of Appeals for the Fifth Circuit issued an order directing a challenge to the Indian Child Welfare Act (ICWA) to be reheard en banc — before the entire Fifth Circuit. As previously reported, a three-judge panel of the Fifth Circuit had held ICWA Constitutional in August, finding it was not a race-based statute that would violate the … 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

US Supreme Court declines to hear Oglala, Rosebud case against South Dakota officials

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The Supreme Court didn’t give a reason it declined to hear the case that began in 2013, when the Oglala and Rosebud Sioux Tribes and three parents in Pennington County brought a class action lawsuit against state Department of Social Services and Pennington County officials.The American Civil Liberties Union, representing the tribes and parents, alleged that Native American … 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.

Commentary: Appeals Court Affirms Indigenous Children Belong to a Political Class, not Racial

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In the 21st century, we are still fighting to protect indigenous children whether it is north or south of the Mexican border. The 5th Circuit Court of Appeals decision to uphold the Indian Child Welfare Act was a critical step to keep our families, communities and identities intact. Now, some legal protections need to be … Read more

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

Fifth Circuit Court Rules that ICWA is Constitutional (Brackeen v. Bernhardt)

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United States: Fifth Circuit Upholds Indian Child Welfare Act As Constitutional. Akin Gump (Aug. 14, 2019) Federal District Court of Appeals Upholds Indian Child Welfare Act. Nonprofit Quarterly (Aug. 13, 2019) EDITORIAL: ICWA ruling a victory for tribes. Tahlequah Daily Press. (Aug. 13, 2019) Fifth Circuit Court reaffirms Indian Child Welfare is constitutional. The Ada … Read more

Opinion: Family Ties: A Look at Familial Connections in Adoption & Child Welfare

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During her testimony, Representative Smith described her disillusion with some social workers who only look at potential foster and adoptive parents from a European standard; in doing so, Smith stated that they dismiss and diminish cultural norms that are in place to provide positive reinforcements for Native children. Having heard stories of other parents of color involved … Read more

The Fight Over Native American Adoptions Is About More Than Just the Children

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Now the [Indian Child Welfare Act] is facing its most serious challenge yet. In a case that has implications far beyond the adoptions of American Indian children, three non-Native families and three Republican state attorneys general have sued the federal government saying that the ICWA relies on racial classifications that violate the equal protection clause … Read more

Opinion: Protecting Native Children, Letter from Oneida Nation Vice Chairman Yellowbird-Stevens

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The Indian Child Welfare Act was established to ensure that children benefit from Native families remaining together. Our families should not ever fear the removal of their children from their tribes and their culture. It is in the best interest of Indian children to keep their connections to their culture, communities and extended families. It’s … Read more

How a Right-Wing Attack on Protections for Native American Children Could Upend Indian Law

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A LAW KEY  to preventing state welfare agencies from separating Indigenous children from their families is at risk of being overturned thanks to the yearslong effort of a network of libertarian and right-wing organizations. In the 1970s, between a quarter and a third of Indigenous children across the United States had been removed from their … Read more

Who Can Adopt a Native American Child? A Texas Couple vs. 573 Tribes

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Zachary, or A.L.M. as he is called in legal papers, has a Navajo birth mother, a Cherokee birth father and adoptive parents, Jennifer and Chad Brackeen, neither of whom is Native American. The Brackeens are challenging a federal law governing Native American children in state foster care: It requires that priority to adopt them be given to Native families, to … Read more

US Supreme Court Denies Review of Arizona Child Welfare Case

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The U.S. Supreme Court has denied review of an Arizona case challenging a law that gives preference to American Indians in adoptions of Native children.The order last week leaves in place a lower court ruling that dismissed a complaint from a Phoenix-based, right-leaning think tank. Read the full article at the Navajo-Hopi Observer. Read related … Read more

Noojimo’iwewin: A VAWA and ICWA Training (Brimley, MI)

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Please join the Bay Mills Indian Community for this multi-disciplinary, tuition-free training geared toward child welfare and domestic violence advocates to implement effective service and advocacy strategies in cases involving child welfare, domestic violence, or both. Minnesota CLEs are available for this training. This training will be in Brimley, Michigan on August 1-2, 2019. For … 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

Applications Open for Office of Child Care Non-Profit Organization Grants

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On April 23, 2019, ACF’s  Office of Child Care (OCC) announced the availability of funds and requested applications for:* American Indian and Native Hawaiian Nonprofit Organization Child Care Grant* Native Hawaiian Nonprofit Organization Child Care Grant Each of these competitive funding opportunity announcements (FOA) provides grant funding for a private, nonprofit organization to provide child care services through … 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

Funding Opportunity: $3.8 Million for National Child Welfare Capacity Building Center for Tribes

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The US Department of Health and Human Services, Administration for Children and Families, announced a funding opportunity for the establishment of a national child welfare capacity building center for tribes. The estimated funding available was $3,770,700. Funding opportunity number HHS-2019-ACF-ACYF-CZ-1557 (CFDA 93.648, 93.652, 93.658). Posted on April 19 with an application closing date of June … Read more

Proposed Law Would Make it Easier for Native Americans to Argue their Side in Child Custody Cases

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California lawmakers are considering a proposal to make it easier for Native American tribes to make their arguments in child custody cases.Technically, the proposed legislation, AB 686, would let lawyers or other representatives of Native American tribes appear by phone or electronically in cases involving the possible removal of Native American children from their families … Read more

Announcing the First Comprehensive Study on Child Removal in Native Communities

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The National Native American Boarding School Healing Coalition, First Nations Repatriation Institute, and the University of Minnesota are pleased to announce the launch of our study: Child Removal in Native Communities. This is an anonymous survey about American Indian and Alaskan Native experiences and impacts of child removal to #BreakTheSilence and #BeginTheHealing. … If you are … Read more

Who Should Get to Adopt Native American Children?

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Another way that ICWA differs from conventional child welfare laws is that it mandates “active efforts” to keep children with their families or tribe. In most regular child protection cases, social-service workers are obligated to provide “reasonable efforts” to help parents and children reunify, such as offering lists of treatment facilities, therapists, affordable-housing agencies or … Read more

American Indian Adoptees Deal with Painful Past and Family Separations

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Despite these challenges, Native American adoptees continue to lead a resilient fight both inside and outside the child welfare system to address disparities, often by providing support systems and advocates beyond what county or state governments offer families. And Native-led organizations hold the government accountable, ensuring that agencies and courts properly uphold ICWA and honor … 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

Trump Administration Forms Presidential Task Force for Protecting Native Children in IHS

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On Tuesday, President Donald Trump announced the formation of the Presidential Task Force on Protecting Native American Children in the Indian Health Service System.A senior administration official hosted a White House conference call, and released statements to the media which outlined that President Trump has “charged the task force with investigating the institutional and systemic … Read more

Appeals Court Hears Case on Adoptions of Native Americans

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 1978 law giving preference to Native American families in foster care and adoption proceedings involving American Indian children is an unconstitutional race-based intrusion on state powers that has caused families to be “literally torn apart,” an attorney told a federal appeals court March 13.But supporters of the decades-old law say it’s needed to protect and … Read more

Latest Edition of ABA book Outlines New Regulations of the Indian Child Welfare Act

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The American Bar Association’s recently published book, “The Indian Child Welfare Act Handbook: A Legal Guide to the Custody and Adoption of Native American Children, Third Edition,” focuses on the new federal regulations of the ICWA and important cases decided during the last 10 years. Authors Kelly Gaines-Stoner, Mark C. Tilden and Jack F. Trope … Read more

Colorado is Out of Compliance with Indian Child Welfare Act

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Colorado is out of compliance with the Indian Child Welfare Act, which requires courts make an effort to place Native American children in state custody with tribal or Native homes. House Bill 1232, co-sponsored by Rep. Marc Catlin, R-Montrose, offers minor fixes to Colorado laws for administering ICWA. “This proposed law writes into Colorado law … Read more

Stateline: Indian Child Welfare Act Likely Headed to Supreme Court

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A case before a federal appeals court could upend an historic adoption law meant to combat centuries of brutal discrimination against American Indians and keep their children with families and tribal communities.For the first time, a few states have sued to overturn the federal Indian Child Welfare Act, which Congress enacted in 1978 as an antidote to … Read more

Fawn Sharp: The Attack on the Indian Child Welfare Act Cannot Stand & Louisiana Solicitor General Commentary “absurd and illogical”

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With the fate of the Indian Child Welfare Act in the hands of a federal appeals courts, tribes and some states have come together to defend the law, which Congress enacted in 1978 to address the high rates of Indian children being taken from their families and their communities. Read the full opinion piece at the Indianz.com … Read more

Media Coverage of Fifth Circuit Hearing in Brackeen v. Bernhardt

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Non-Indians think they know better than Indians what is best for Native American children, said lawyers for the Navajo Nation in arguments before a federal appeals court.It’s a bold argument, but goes to the heart of the case in Brackeen v. Bernhardt. Under the Indian Child Welfare Act, Indian tribes have priority over non-Indians in Native … Read more

Utah Signs Inter-Governmental Agreement to Support Navajo Families

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February 5, 2019Yesterday, Utah Attorney General Sean D. Reyes met with the leadership of the Navajo Nation, reported on the proceedings of the ICWA lawsuit, and signed an Inter-Governmental Agreement (between DCFS & Navajo Nation) with Governor Gary R. Herbert. The Agreement is the result of a two-year process working with the Navajo Nation on the … Read more

Tribal Adoption Parity Act Reintroduced

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U.S. Senators Amy Klobuchar, Chairman of the Senate Committee on Indian Affairs, John Hoeven, vice chairman of the Senate Committee on Indian Affairs, Tom Udall and Jerry Moran reintroduced the bipartisan Tribal Adoption Parity Act legislation that would bring parity to tribal government for the adoption tax credit. Read the full article at the Minot … Read more

Assessing An NPR Report On The Indian Child Welfare Act

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A Dec. 17 report on All Things Considered about the Indian Child Welfare Act prompted harsh criticism from the Native American Journalists Association, which called it “inaccurate and imprecise.” A meeting between NAJA leaders and NPR editors resulted in a clarification being posted on the online version of the piece, but NAJA members continued to have concerns about the reporting.  Read … Read more

2018 ICWA by the Numbers

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There were 206 appealed ICWA cases this year, down 7 from last year. However, there were 50 reported cases this year, which is nearly 20 more than last year. As always, California leads the states with 125 cases, 9 were reported. Alaska is second with 11, 3 reported. Montana had 10, including 7 reported, which is up considerably … Read more

Overwhelming Support for ICWA

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Joint Press Release from National Native Organizations on the Overwhelming Support for the Indian Child Welfare Act Available at https://www.narf.org/icwa-brackeen/. (Portland, Ore., January 18, 2019)—On Wednesday, January 16, 2019, 325 tribal nations, 57 Native organizations, 21 states, 31 child welfare organizations, Indian and constitutional law scholars, and seven members of Congress joined the United States … Read more

Adoption didn’t solve the ‘Indian Problem’

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An author recounts how 1960s policies ripped apart families and communities, including her own. An essay from author Susan Harness about her memoir, Bitterroot: A Salish Memoir of Transracial Adoption. Read the full article at the High Country News website.

Cronkite News: Tribes on ‘Pins and Needles’ in Indian Child Welfare Act Case

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The Indian Child Welfare Act requires that Native American children be placed in Native American foster or adoptive homes, where possible, to maintain their heritage and identity.The law is being challenged with increasing regularity in courts and by special-interest groups who contend it prioritizes race over a child’s best interest.In October, U.S. District Judge Reed … Read more

Udall, Heinrich Hail Senate Passage of Resolution Recognizing 40th Anniversary of the Indian Child Welfare

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[Dec. 13, 2018]WASHINGTON – Today, U.S. Senators Tom Udall, vice chairman of the Senate Committee on Indian Affairs, and Martin Heinrich praised the Senate passage of a bicameral resolution commemorating the 40th anniversary of the Indian Child Welfare Act (ICWA), and recognizing its importance to promoting the stability and security of Tribal communities and families.  Read the full press release at … 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

Indian Child Welfare Act Remains in Force after Appeals Court Order (Brackeen v. Zinke)

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A federal appeals court granted a stay requested by the four tribes on Monday to preserve the 1978 Indian Child Welfare Act. “The law is going to stay the same for now,” said Dan Lewerenz, one of the attorneys working on the Brackeen v. Zinke case. That means Native American families will stay together under the law. Read … Read more

‘Dawnland’ Documents Untold Story of Native American Child Removal in the U.S.

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“Dawnland” is premiering on the PBS series Independent Lens, as part of November Native American Heritage Month programming. The investigation by the Maine Wabanaki-State Child Welfare Truth and Reconciliation Commission represented a groundbreaking moment in the history of tribal-state relations and its goal was to uncover and acknowledge the truth about what happened to Wabanaki … Read more

Responses to ICWA Court Ruling

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Treppa: Why the ICWA is critical to the health of native children and tribal communities SHERRY TREPPA POSTED ON WEDNESDAY, 24 OCTOBER 2018 A Texas judge’s recent decision to strike down the Indian Child Welfare Act, or ICWA, sets a dangerous precedent that unravels federal policy carefully designed to correct centuries of tragic injustices committed … Read more

Court Strikes Down Landmark Indian Child Welfare Act Ruling

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A federal appeals court has delivered a major blow to tribes and parents who have been seeking stronger enforcement of the Indian Child Welfare Act in South Dakota.The Oglala Sioux Tribe, the Rosebud Sioux Tribe and three Indian parents went to court more than five years ago, alarmed by the large numbers of Indian children being taken from their families. They … 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

Trump Administration Delays New Child Welfare Data Rules Until 2020, But Plans Changes to Obama Plan

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In 2016, the Obama administration finalized AFCARS rules that would for the first time require states to track information related to, among other subjects, the Indian Child Welfare Act (ICWA), the disruption of adoptions and guardianships, education stability and sexual orientation. Read the full article at the Chronicle of Social Change website.

Appeals court won’t rule on challenge to Indian Child Welfare Act

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A federal appeals court has turned away a closely-watched conservative challenge to the Indian Child Welfare Act.The Goldwater Institute sued the federal government and the state of Arizona, arguing that ICWA is racist because it only applies to “Indian” children. But the 9th Circuit Court of Appeals declined to rule on the merits of the claim because a panel of … 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

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

Glendive Woman Sues Over Child Custody Dispute That Put Tribal, Minnesota Courts at Odds

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A Glendive woman is suing the Bureau of Indian Affairs for $1 million over a 2015 child custody dispute that pitted state and tribal courts against each other. Patsy Fercho, 64, fled to the Northern Cheyenne Reservation in 2015 with her two grandchildren in an attempt to avoid a Minnesota court’s order granting custody to … 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

Tribe Signs Funding Agreement to Expand Child Welfare Services

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Central Council of Tlingit and Haida Indian Tribes of Alaska (Tlingit & Haida) entered into a Support Services Funding Agreement with the State of Alaska’s Department of Health & Social Services (DHSS), Office of Children’s Services (OCS) to conduct diligent relative and Indian Child Welfare Act preference searches. Read the full article at the Alaska … Read more

Miccosukee Tribe Ties Child Welfare Case to Violence Against Women

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The Miccosukee Tribe is defending its handling of a child welfare case that has drawn national attention.The tribe said a newborn was taken from her mother, a Miccosukee citizen, in order to protect the baby girl and her older siblings from domestic violence. The mother had previously been victimized by her non-Indian former partner, whose presence at … 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

5-year-old Native American Boy to Remain in Ohio for Now

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A 5-year-old Native American boy at the center of controversy for more than a year will remain with his Coshocton County foster family, for now. Last week, the Ohio Court of Appeals reversed an earlier juvenile court ruling that would have sent the preschooler 2,000 miles from his home to a reservation in Arizona. The ruling stated the juvenile court should … Read more

New Indian Child Welfare Act Challenges On The Horizon

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Two types of challenges to the Indian Child Welfare Act (ICWA), 25 U.S.C. § 1901 et seq., now feature prominently: equal protection challenges and challenges based on the “intrafamily dispute” exception to ICWA. A petition for a writ of certiorari to decide both issues is currently pending in one such case: S.S. v. Stephanie H. … Read more

Supreme Court Turns Away Another Conservative Attack on Indian Child Welfare Act

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Without comment, the justices on Tuesday denied a petition in Renteria v. Superior Court of California, Tulare County. The move, which came in an order list, ends a lawsuit which claimed ICWA was based on “race” and should be declared unconstitutional. Read the full article at the Indianz website.

Court Hears Tribal Challenge to South Dakota Child Removals

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A lawyer representing two American Indian tribes urged a federal appeals court Tuesday to keep in place the changes a judge ordered for a South Dakota county’s system of removing children from homes in endangerment cases. Read the full article at the ABC News website. Read related coverage at the Indianz website.

State Begins Transfer of Child Welfare Services to Tribal Communities

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The Office of Children’s Services and tribal governments are taking the first steps to implement an agreement that transfers control of welfare services for Alaska Native children from the state to a group of 18 tribal governments and organizations. Read the full article at the Peninsula Clarion website.

Colorado Court of Appeals: Written Advisement Form Does Not Satisfy ICWA Notice Requirements

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The Department contended that mother’s signing of a written advisement of her rights, which included a question about the ICWA, served as the court’s initial inquiry. The inquiry should be made on the record. Regardless, the Court of Appeals found that the Department failed to send notice to the appropriate tribes when mother identified a … Read more

South Dakota’s Federal ICWA Ruling Heads To 8th Circuit Court of Appeals

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The Indian Child Welfare Act lawsuit filed in Rapid City’s federal court almost five years ago is going to the Eighth Circuit Court of Appeals. A three-judge panel is hearing oral arguments in St. Paul, Minn., on Tuesday, Feb. 12. In March 2013, the Rosebud and Oglala Sioux Tribes, as well as tribal parents, brought … Read more

Rep. Rendon Supports Bill to Allow Tribal Representatives Access to Documents

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State Rep. Daire Rendon has voted with the House Families, Children, and Seniors Committee to give tribal social services access to certain records that would allow them to communicate with the Michigan Department of Health and Human Services for the best interest of children in their tribe. Read the full press release at the Michigan … 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

For the Children: Oklahoma Inter-tribal Task Force Tackles Policy Solutions

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On December 14th, the Oklahoma Institute for Child Advocacy (OICA) hosted its first Indian Child Welfare Task Force meeting. This gathering brought together inter-tribal and state agencies with a focus on respecting the government-to-government relationship the State of Oklahoma has with each of the 38 federally recognized tribal nations headquartered in our state. Read the … 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.

Indian Child Welfare Act Under Attack Again as Conservative Group Submits Appeal to Supreme Court

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The conservative Goldwater Institute is attacking the Indian Child Welfare Act again.The group has asked the U.S. Supreme Court to hear an ICWA case from California. The petition in Renteria v. Superior Court of California, Tulare County claims the 1978 law is based on “race” and should be deemed unconstitutional. Read the full article at the Indianz.com website.

Historic Alaska Tribal Child Welfare Compact Signed

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Alaska Governor Bill Walker used an appearance Thursday at the annual Alaska Federation of Natives convention in Anchorage to sign a historic compact between the State of Alaska, tribes, and tribal organizations. The compact will allow tribes and tribal organizations to provide child welfare services and programs that previously were delivered by the Alaska Office … Read more

Supreme Court Won’t Take up Race-Based Challenge to Indian Child Welfare Act

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Without comment, the U.S. Supreme Court denied a petition in S.S. v. Colorado River Indian Tribes. The action, which came in an order list on Monday morning, lets stand a decision from Arizona, where opponents of ICWA tried to undermine the landmark law by claiming it is based on “race.” The Arizona Court of Appeals … Read more

Wisconsin Supreme Court: Conference on Child Welfare and the Courts Seeks Innovative Solutions to Complex Problems Facing Today’s Children And Families

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Madison, Wis. (Oct. 16, 2017) – More than 350 court, child welfare, school, tribal representatives, and legal professionals from across Wisconsin will join forces Oct. 18-20 in Elkhart Lake to find better ways to serve youth and their families involved in the child welfare and juvenile justice systems. Read the full article at WisPolitics.com.

2017 Report on Disproportionality of Placements of Indian Children

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Research and data from states tell us that American  Indian/Alaska Native (AI/AN) children are disproportionately represented (or overrepresented) in the child welfare system nationwide, especially in foster care. This means that higher  percentages of AI/AN children are found in the child welfare system than in the general population. The overrepresentation of AI/AN children often starts … Read more

New court to connect Native American foster kids with family

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Bonnie Littlesun is raising eight children, all but one of whom are her grandkids, and she wouldn’t have it any other way. “They’re crazy,” she said, laughing. It was midmorning and she had a brief break while her grandbaby slept and the others were at school. The kids range in age from 13 months to … Read more

ND Child Support Program Recognized for Collaboration With Tribal Child Support Programs

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The North Dakota Department of Human Services’ Child Support Division recently received the 2017 Partnership Award from the National Tribal Child Support Association for its collaboration with tribal child support programs in accessing federal offset payments that support tribal children and  families. “Partnerships with other jurisdictions are vital in child support. Borders shouldn’t be barriers … Read more

Stealing Children: A Look at Indigenous Child Removal Policies

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“So they turned to this policy of trying to close down the boarding schools and they turned toward a policy of trying to turn over the education and care of Indian children to the states,” says Jacobs. While there were some American Indians working for the BIA in the ‘50s and some sympathy to the … Read more

Indian Child Welfare Act Conference set for Thursday at Choctaw

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The seventh annual Indian Child Welfare Act Conference is scheduled Thursday at the Silver Star Convention Center at Choctaw. Tribal leaders and as many as 200 attorneys, judges, social workers and other professionals who deal with Native American children in a youth court setting are expected to attend the conference. Read the full article at the … Read more

Tribal Nations Shift ICWA Focus During National Foster Care Month

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In recognition of the tireless advocacy of the many child welfare workers, foster parents, volunteers and family members who care for Native children in state custody, tribal nations have been promoting National Foster Care Month to raise awareness about the need for more Native foster homes in the United States. Read the full article at … Read more

ABA Conferences to Address Child Welfare Developments (Virginia)

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WASHINGTON, April 13, 2017 — Lawyers, judges, social workers and advocates will explore developments in the children’s law field during four conferences sponsored by the American Bar Association Center on Children and the Law the week of April 24. Among the topics covered will be immigration, psychotropic medications, the Indian Child Welfare Act, child sex … Read more

 A Right-Wing Think Tank Is Trying to Bring Down the Indian Child Welfare Act. Why?

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Cloaking its efforts in the language of civil rights, Goldwater has launched a coordinated attack against ICWA alongside evangelical and anti-Indian-sovereignty groups, adoption advocates, and conservative organizations like the Cato Institute. Since 2015, Goldwater has litigated four state or federal cases against ICWA, and filed several briefs in support of other cases. Goldwater’s stated goal … Read more

Butte County (SD) sees upsurge in Indian Child Welfare Act cases

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Butte County State’s Attorney Cassie Wendt presented to the Butte County Commission during its March 21 meeting, delineating to the commission the county’s rise in Indian Child Welfare Act (ICWA) cases and the added expense the county has shouldered in recent months. Read the full article at the Black Hills Pioneer website.

Colorado Court of Appeals: Dependency and Neglect Court Should Have Followed ICWA’s Notice Requirements

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On appeal, A.T. contended that the order should be reversed because the Department did not comply with the Indian Child Welfare Act (ICWA) notice requirements. First, when there is “reason to know” the child is an Indian child, the juvenile court must ensure that the Department sends notice to any identified Indian Tribe. Second, the … Read more

Opinion: An Indian Child Welfare Act Disappointment: Lack of Support from Tribe

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This past Monday morning (March 13) in a courtroom in Alameda County I witnessed three non-Native attorneys and a non-Native judge make the decision to end reunification and move towards terminating Allen Kepa’s parental rights. It was a broken day for Native American children and Native American Parents. The Honorable Judge Ursula Jones spoke about … Read more

Court rejects challenge to law safeguarding Native children and families

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March 17 – Yesterday, the federal District Court for the District of Arizona dismissed A.D. v. Washburn, a case brought by the Goldwater Institute challenging the Indian Child Welfare Act’s (ICWA) application to Native children in the Arizona foster care system. This case was an attempt by a special interest group to dismantle the law … 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 3/08/17. 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

Alaska Tribal Court Selected to Participate in NCJFCJ’s Implementation Sites Project

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The National Council of Juvenile and Family Court Judges (NCJFCJ) has selected the Central Council Tlingit & Haida Indian Tribes of Alaska Child Dependency Court as one of six new courts to join their Implementation Sites Project, which helps to improve outcomes for abused and neglected children and their families. Read the full article at … Read more

In South Dakota, Officials Defied a Federal Judge and Took Indian Kids Away From Their Parents in Rigged Proceedings

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In March 2015, Chief Federal District Court Judge Jeffrey L. Viken confirmed what our complaint had alleged: State employees were removing children from their homes and then holding hearings in state court within 48 hours, in which parents were not assigned counsel to represent them, were not given a copy of the petition accusing them … Read more

Indian Child Welfare and Wellness conference to be held Feb. 22-24 (ND)

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The Indian Child Welfare and Wellness Conference will be held Feb. 22-24 at the Baymont Inn and Suites in Mandan. The Native American Training Institute will host the 16th annual conference, which will cover child welfare issues, juvenile justice, cultural and tribal relations, as well as child behavioral health. Read the full announcement at the … Read more

Indian Child Welfare Court in Duluth Aims for Better Outcomes for Native American Families

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Two years ago, Tarnowski attended a training in Duluth given by the National Child Welfare Resource Center on Legal and Judicial Issues. Stories of historical trauma that have helped lead to that disparity, and also what led to the creation of the Indian Child Welfare Act, were shared, Tarnowski said, creating “a little fire in … Read more

State Pledges $400,000 to Reduce Number of Indian Children in Foster Care (MN)

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With the number of American Indian children in Minnesota foster care reaching “unacceptable” levels, the state pledged Thursday to spend $400,000 over the next three years to reduce those numbers. The announcement comes after a Star Tribune report found that Minnesota has more Indian children in foster care than any other state, including those with … Read more

State, County Officials Appeal Ruling on Native Children Case

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South Dakota and Pennington County officials filed an appeal Friday challenging U.S. District Court rulings that ordered changes in their handling of temporary custody hearings involving Native American children. Read the full article at the Rapid City Journal website. Read a related article at the Native Sun News website.

NICWA Releases New Online Intro to ICWA Course

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National Indian Child Welfare Association (NICWA) has released a new online Introduction to ICWA course. It features the basics of ICWA, including the Bureau of Indian Affairs’ guidelines published December 12, 2016. The course uses an interactive platform designed to keep the learner engaged through teachings on the basics provisions of ICWA, case scenarios for … Read more

Information about the Comprehensive Child Welfare Information System

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The Comprehensive Child Welfare Information System (CCWIS) final rule was published in the Federal Register on June 2, 2016. The CCWIS final rule replaces the Statewide/Tribal Automated Child Welfare Information System (SACWIS/TACWIS) requirements to address changes in child welfare practice and advances in information technology that have occurred since the regulations were published in 1993. … Read more

UMD Leads American Indian Child Welfare Act Project (MN)

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UMD’s Center for Regional and Tribal Child Welfare Studies, which is part of the Department of Social Work, will serve as the grant’s lead organization and will work with six other organizations including courts, child welfare agencies, and tribes, to determine the most successful methods to help children and families. Read the full announcement at … Read more

Native Tradition a Vital Part of Advocate’s Strategy

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“The important thing to remember is that you’re not saving these children,” Walksalong said. “You’re helping them.” Walksalong began in October working as CASA’s Indian Child Welfare Act program coordinator. Part of her job is helping programs like the Center for Children and Families and Child and Family Services, understand the cultural background of Native American … Read more

Applications Now Accepted for 2017 Funding

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From the National Indian Child Welfare Association: The Substance Abuse and Mental Health Services Administration is accepting applications for Systems of Care grants to support mental health services and systems for children, youth, and families in tribal communities. The purpose of this infrastructure program is to provide tribal communities with the tools and resources to … 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

Utah tribal leaders address the protection of Native American children

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Utah tribal leaders gathered in the community of Wendover, Utah to discuss issues that would affect tribes at the state and national level, such as the Indian Child Welfare Act and voting issues that includes inefficient polling sites and a lack of language interpreters to aid non-English speaking Navajo people in San Juan County, Utah. … Read more

Girls Caught in Custody Battle After Parents are Killed in Head-On Collision

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The children have recovered from their injuries, but they now are innocent victims of a custody battle that pits their relatives in Visalia, Calif., against relatives in the Shingle Springs Band of Miwok Indians in Placerville, Calif. The case in U.S. District Court in Sacramento is being closely watched because a federal judge has ruled … 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

UND Receives Funding to Develop ICWA Training and Implementation Support

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The University of North Dakota Department of Social Work has received a $2.4-million grant from the U.S. Department of Health and Human Services to support implementation and evaluation of the Indian Child Welfare Act (ICWA) in North Dakota over the next five years. UND is partnering in this grant with the Children and Family Services … 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

Tribes Suing OCS Director and North Star Seek Quicker Court Oversight of Foster Children

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The tribes, represented by Alaska Legal Services Corp., had alleged defendants North Star Behavioral Health Center and Christy Lawton, director of the Alaska Office Children’s Services, had improperly warehoused foster children at the [psychicatric hospital] facility for indefinite periods of time. Read the full article at the Alaska Dispatch News website.

Group to Protest Goldwater Institute’s Anti-ICWA Suit in Phoenix

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The case has angered many within the American Indian adult adoptee community, who believe the law should be upheld and strengthened. Their protest on Friday is one of many protests across the country as the litigation moves forward. Read the full article at the Indian Country Today Media Network website.

Implementing and Defending the Indian Child Welfare Act Through Revised State Requirements

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The issuances by the Department of the Interior of non-binding guidelines in 2015 and of legislative rules in 2016 are opportunities for states to promptly examine their current practices and standards and voluntarily adopt the guidelines and regulations as enforceable state requirements. New York State is an example of a state that has evidenced support … 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

Families, Tribes, and the Indian Child Welfare Act (Essay series from Cato Unbound)

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The  Indian Child Welfare act is a unique piece of legislation that governs the settlement of family law cases for children of Native American descent. Critics allege, however, that its definition of who counts as a Native American, as well as several other aspects of the law, can often work against children’s best interests. The … Read more

Matthew Fletcher: The Next U.S. Supreme Court Justice’s Impact On The Indian Child Welfare Act

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Justice Antonin Scalia’s death impacts Indian country in dramatic ways. Last term, the most critical tribal court jurisdiction appeal to hit the Supreme Court of the United States in decades was affirmed by a 4-4 tie in favor of tribal jurisdiction. The court declined certiorari in a pair of tribal labor relations cases where there was a gaping circuit split, possibly … Read more

Gila River Indian Community Weighs Options After Losing Indian Child Welfare Act Case

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Although the proceeding only involved one child, it’s being closely watched because the non-Indian foster couple is being represented by the Goldwater Institute. The conservative-leaning organization, which is based in Arizona, has launched a public relations and legal campaign aimed at undermining and even invalidating the landmark Indian Child Welfare Act. Read the full article … Read more

Arizona Court Upholds Adoption by Non-Indian Family

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Over the objections of a tribe, the state Court of Appeals has allowed a non-Indian family to adopt the child of a Native American mother. Read the full article at the Arizona Daily Sun website. See also “Arizona court rejects tribe’s appeal in girl’s adoption case” at the AZFamily.com website.

Walker Signs Two Bills into Law

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Gov. Bill Walker has signed into law bills intended to help foster youths and ease adoption in Alaska. Among other elements, House Bill 200 implements portions of the Indian Child Welfare Act that ease the adoption process for tribal members adopting a child of the same tribe. The bill also allows up to four legal … 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)

California Appeals Court Rules in Favor of ICWA Placement Preference in R.P. et al. v. J.E. et al.

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On Friday, July 8, 2016, the Court of Appeal of the State of California – Second Appellate District upheld a lower court’s decision in R.P. et al. v. J.E. et al. that used the Indian Child Welfare Act as its basis to remove a four-year-old female child from her non-Native foster family. We have twice … Read more

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

NICWA to Host Webinar on ICWA Regulations

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From the National Indian Child Welfare Association (NICWA): The National Indian Child Welfare Association is pleased to announce that we are hosting an informational webinar on the newly announced Indian Child Welfare Act (ICWA) regulations on Thursday, June 23, 2016, at 12:30 p.m. Pacific/3:30 p.m. Eastern. On June 8, 2016, the Bureau of Indian Affairs … Read more

Media Coverage of the New ICWA Regulations

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Interior Secretary Says Changes To Indian Child Welfare Act ‘Close Loopholes.’ Oregon Public Broadcasting. June 10, 2016. BIA announces final ICWA rule revisions. Native Times. June 9, 2010. Breaking: BIA Publishes Final ICWA Rule. Indian Country Today. June 8, 2010. Judges must ask about youths’ tribal status under new rule. Salon.com (AP). June 8, 2016.

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

Judge in South Dakota Sanctioned in Indian Child Welfare Act Case

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A judge in South Dakota has agreed to pay $50,000 in sanctions in an Indian Child Welfare Act case. Judge Jeff Davis did not admit to “concealing” information sought by the Oglala Sioux Tribe and the Rosebud Sioux Tribe, two of the plaintiffs in the case. But he agreed to pay attorney’s fees for failing … Read more

Tester Introduces Major Legislation to Help Indian Country Fight Growing Drug Epidemic

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Tester’s bill, the Tribal Youth and Community Protection Act, will reestablish the ability for tribes to arrest and prosecute any offender for drug related crimes, domestic violence against children, and crimes committed against tribal law enforcement officers. “Tribal communities must have every tool they need to protect themselves from folks who traffic illegal drugs and … 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

Principal Deputy Assistant Attorney General Sam Hirsch Speaks at the National Indian Child Welfare Association Conference

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This is a critical time for Indian Child Welfare Act (ICWA), our nation’s keystone federal law protecting Indian children.  As you’ve already heard this morning and will hear more about during the conference, there is a lot of exciting activity in this area, at the federal, state and tribal level.  Federal engagement is at unprecedented levels.  But … 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

Alaska Supreme Court Orders State to Enforce Tribal Child Support Orders as Essential

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In a major decision on child support, the Alaska Supreme Court stopped a Parnell administration effort against tribal rights that lingered during Gov. Bill Walker’s reign. The court ruled unanimously Friday in a case going back to the beginning of the decade that tribes have authority over child support. The court directed the state to enforce … Read more

NAJA Calls for Ethical, Informed ICWA Reporting

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The Native American Journalists Association (NAJA) is disheartened by some of the mainstream reporting on the recent adoption case involving a Choctaw Nation child and a non-Native adoptive couple in Los Angeles County. Read the full article at the Indian Country Today Media Network website.

Indian Children’s Law in Choctaw Foster Case Praised by Some, Criticized by Others

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A California couple’s fight to reunite with a 6-year-old foster child who was taken from their home last week because she is 1/64th Choctaw Native American has cast a spotlight on the Indian Child Welfare Act. The law has been long hailed as a protective tool for Native American communities by some and criticized as … Read more

Historic Agreement Gives Tribe Foster Care Control: Jurisdiction Over Child Welfare to Transfer from State to Tlingit and Haida Central Council

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When children are taken out of their homes due to neglect or abuse, they’re under the responsibility and jurisdiction of the State Office of Children’s Services. Now, through an agreement signed Wednesday night at the Elizabeth Peratrovich Hall between the State of Alaska and Central Council of the Tlingit and Haida Indian Tribes of Alaska, … 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

Victory for Tribes as Judge Reaffirms South Dakota Decision

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Citing a “fundamental lack of competence,” a federal judge on Friday, February 19 denied South Dakota’s motion to reconsider an earlier decision, which found the state violated the Indian Child Welfare Act (ICWA) and denied Indian parents their Constitutional rights. In March 2015, Judge Jeffrey Viken issued a partial summary judgment in favor of the … Read more

ICWA: Victory for Tribes as Judge Reaffirms South Dakota Decision

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The class action case is now in its third year, having been filed in March 2013 by three Indian mothers and the Oglala and Rosebud Sioux Tribes in South Dakota to address ongoing violations in that state. According to tribal officials and advocacy groups, approximately 750 Indian children a year are swept into foster care, … Read more

Title IV-E Conference Calls Scheduled for March 8th and 10th

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From the National Indian Child Welfare Association: On February 12, 2016, the Children’s Bureau of the U.S. Department of Health and Human Services announced two tribal consultation calls regarding a new round of Title IV-E Foster Care program development grants. Title IV-E funds placement activities related to foster care, relative guardianship, adoption, and independent living services. … 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

Report: States’ Consultation and Collaboration with Tribes and Reported Compliance with the Indian Child Welfare Act

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from http://www.acf.hhs.gov/programs/ana/news/report-states-consultation-and-collaboration-with-tribes: The Children’s Bureau conducted a review of the states’ 2015–2019 Child and Family Services Plans (CFSP) and prepared a report titled “States’ Consultation and Collaboration with Tribes and Reported Compliance with the Indian Child Welfare Act: Information from States’ and Tribes’ 2015–2019 Child and Family Services Plans.”  This report was prepared in response … Read more

It Takes a Tribe: ICWA Under Assault (Cherokee Nation Principal Chief Bill John Baker)

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America’s multibillion-dollar adoption industry and its allies seek to undermine ICWA’s enforcement by filing lawsuits they hope to take to the Supreme Court. If successful, the lawsuits would deny tribes of their right — and their duty — to look after the welfare of their children. Read the full letter from Chief Baker at the … Read more

Film Explores Native American Child Displacement

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Rucinski & Reetz Communication unveiled last week its video titled “Missing Threads: The Story of the Wisconsin Indian Child Welfare Act.” The hour-long documentary represents nearly three years of work and “explores the connection between family, tribal culture and children, and the consequences of severing those ties,” said Susan Reetz, a partner in the communication firm. Read … Read more

Federal Judge Dismisses Anti-ICWA Suit

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On Thursday a federal judge in the Eastern District of Virginia dismissed a suit challenging both the constitutionality of the Indian Child Welfare Act and the new federal guidelines that were implemented last February by the Bureau of Indian Affairs, citing a lack of subject matter jurisdiction and standing in the case. Read the full … 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

Conference Focuses on ICWA

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Tekamuk Training and Events, a wholly-owned enterprise of the Mesa Grande Band of Mission Indians, has joined forces with Columbia Law School, the Native American Rights Fund (NARF), and the National American Indian Judges Association to present the Indian Child Welfare Summit, a major national conference on the Indian Child Welfare Act (ICWA), December 7-9 … Read more

Disenrollment from Pala Band Affects Children in ICWA Case

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Two children who were disenrolled by the Pala Band of Mission Indians cannot be protected by the Indian Child Welfare Act, a California appeals court ruled on Tuesday.   The tribe formally objected in July 2009 when K.P. and Kristopher were put up for adoption. Their mother, Michelle T., is enrolled.   But sometime during … 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

S. Rept. 114-37 – Amending the Indian Child Protection and Family Violence Prevention Act…

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The failure to protect children has a damaging impact on the quality of life on Indian reservations. Native youth are 2.5 times more likely to be victims of abuse or neglect than youth of other ethnicities. Children exposed to violence are more likely to abuse drugs and alcohol and suffer from depression, anxiety, and post-traumatic … Read more

Congress Should Bolster Jurisdiction of Tribal Courts Over Violence Against Children, ABA Urges

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The [American Bar Association] ABA is urging Congress to follow the recommendations of recent reports by the U.S. Justice Department and the Indian Law and Order Commission that call for giving American Indian and Alaska Native tribes more authority to exercise criminal jurisdiction and apply their own remedies in cases that occur on tribal lands, … Read more

State, Feds Defend Tribal Adoption Law

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In court filings Friday, attorneys for the Bureau of Indian Affairs and the state Department of Child Safety federal agency acknowledged the Indian Child Welfare Act does require state courts when placing Indian children for adoption to give preference to a member of the child’s extended family. That is followed by priority by other members … Read more

Tribes Awarded $1.8M for Child Welfare and TANF Coordination

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HHS’ Administration for Children and Families, Office of Family Assistance awarded $1.8 million to eight tribes and tribal organizations in Alaska, Montana, California and Washington to help strengthen vulnerable families through the tribal Temporary Assistance for Needy Families (TANF) child welfare coordination grants.  The grants fund tribes to demonstrate models of effective coordination between tribal … Read more

Couples Sue Over Tribal Adoption Hurdles

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For nearly four decades, couples wishing to adopt American Indian children out of troubled situations have faced several hurdles, including giving the child’s tribe a chance to find suitable tribal parents first. Now some prospective adoptive parents, Indian birthparents and members of the adoption industry are challenging the laws and regulations involved. Read the excerpt … Read more

NICWA Conference: 34th Annual Protecting Our Children (April 3-6, 2016 | St. Paul, Minnesota)

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This annual conference will include the following tracks: Data and Research: Learn about current research in the fields of Indian child welfare, children’s mental health, and youth development. Learn how to use and share data. Child Welfare, Foster Care, and Adoption Services: From grant writing for child welfare programs to implementing differential response and identifying … Read more

Pala Band of Mission Indians Will be First Tribe to Protect Native American Children in California’s Welfare System

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The Pala Band of Mission Indians is the first tribe in California to receive clearance to conduct LiveScan background checks for tribal foster homes under new State law (Senate Bill 1460). The tribe is also the first to apply to the Bureau of Indian Affairs’ Office of Justice Services (BIA-OJS) program, Purpose Code X, to … Read more

UA Researchers Release New Findings in Tribal Child Welfare Study

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The Native Nations Institute at the University of Arizona and the National Indian Child Welfare Association have released a report detailing the second part of a study on tribal welfare codes designed to protect children and youth…. Based on the study’s findings, the team affirms that: ·      To help protect children from abuse and neglect, … Read more

AVCP Panel Offers Solutions for Tribal-State Child Welfare

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Oct. 1, 2015. Keeping tribal children in their tribal communities is the solution to improving regional child welfare, according to a Tribal-State Child Welfare panel yesterday during the Association of Village Council Presidents 51st Annual Convention at the Bethel Cultural Center. Read the full article at the Alaska Public Media website.

Study of Coordination of Tribal TANF and Child Welfare Services: Interim Findings Report

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From the website of the Office of Planning, Research, and Evaluation; Office of the Administration for Children and Families; U.S. Dept. of Health and Human Services: Fourteen tribes and tribal organizations received demonstration grants from the Office of Family Assistance for Coordination of Tribal TANF and Child Welfare Services to Tribal Families in 2011. The … Read more

Omaha Tribe of Nebraska Plans Native Foster Care System to Preserve Culture

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Earlier this month, the U.S. Department of Health and Human Services awarded the tribe a $300,000 grant to create an independent tribal-run family services program for enrolled Omaha members. “We know what’s best for our children and our youth,” Omaha Tribal Council Chairman Vernon Miller said Thursday. “The federal government recognizes that.” Read the full … 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

Opinion: George Will Gets It All Wrong in His Attack on ICWA

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Race is ugly business. The business of race can be seen in the higher rates of incarceration of black Americans. It is in the higher rates black Americans and Native Americans are killed by law enforcement. It is an aspect of our existence that we created, and one that has no basis in fact. George … Read more

Responses to George Will’s September 3rd Op-Ed Article on ICWA

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When we talk about “blood-stained” laws, we should talk about the history of the treatment of Native Americans: laws of genocide, sterilization, forced removal and assimilation; compulsory boarding schools; underfunding of critical health care; and a trail of broken promises. Read the full letter at the Washington Post website. And a related Letter to the … Read more

Opinion: The Blood-Stained Indian Child Welfare Act

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By treating children, however attenuated or imaginary their Indian ancestry, as little trophies for tribal power, the ICWA discourages adoptions by parents who see only children, not pawns of identity politics. The Goldwater Institute hopes to establish the right of Indian children to be treated as all other children are, rather than as subordinate to … Read more

CASA Sets Fall Child Advocate Training (Oklahoma)

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CASA (Court Appointed Special Advocates) of Cherokee Country is a local volunteer program that recruits and trains community volunteers to serve as advocates for abused and neglected children in juvenile deprived proceedings, an volunteers are greatly needed….CASA volunteer child advocate training will be offered to individuals age 21 or older in October. Certification will be … Read more

Assistant Secretary Washburn Announces a New Program to Assist Tribal Social Services Agencies in Placing Children in Homes (updated)

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Aug. 19, 2015 – Assistant Secretary, Indian Affairs Kevin K. Washburn today announced a new Bureau of Indian Affairs’ Office of Justice Services (BIA-OJS) program to assist federally recognized tribal social services agencies seeking to place children in safe homes. Read the full press release at the U.S. Department of the Interior website. The Bureau … 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

ABA House of Delegates Urges Quick Implementation of Recommendations of Attorney General Taskforce

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On August 4, 2015, the American Bar Association House of Delegates unanimously adopted Resolution 113, which adopts and urges prompt implementation by the Administration, Congress, and state and tribal governments of specific recommendations contained in the November 2014 report of the U.S. Attorney General’s Advisory Committee on American Indian/Alaska Native Children Exposed to Violence… Read … 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

14th Annual Native Nations Law Symposium

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September 11, 2015 (White Cloud, KS): 14th Annual Native Nations Law Symposium. The Sac and Fox Nation of Missouri in Kansas and Nebraska presents the 14th annual Native Nations Law Symposium. The symposium includes an overview on the Indian Child Welfare Act – Revised Bureau of Indian Affairs Guidelines for State Courts & Agencies. Learn … Read more

Indian Child Welfare Summit (Albuquerque, NM)

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This must-attend conference will address the past, present and future of the Indian Child Welfare Act of 1978, emphasizing the need for education, reform and implementation of the Act. Tribal leaders, tribal members and professionals in the legal field will benefit from this comprehensive conference. Learn more at the Mesa Grand Band of Mission Indians … 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

Washtenaw (MI) Trial Court Celebrates Reunification Day

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“We want to spend a moment to celebrate the successful reunification of families in foster care and honor the professionals who work in this field,” Sankaran began. “This is one of many celebrations across the country but the only one in the state. We are proud as a community to put together this event and … Read more

Michelle Obama to Native American Youth: The Country Needs You

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More than 1,000 Native American children gathered Thursday for the first-ever Tribal Youth Gathering at the White House, where first lady Michelle Obama called them precious and sacred members of society. “Each of you was put on this Earth for a reason. Each of you has something that you’re destined to do, whether that’s raising a beautiful family, whether that’s … Read more

War of Words: ICWA Faces Multiple Assaults From Adoption Industry

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“At this point it is pretty clear that anti-ICWA advocates, who primarily represent adoption interests, have started a coordinated attack on ICWA,” said Kate Fort, Staff Attorney and Adjunct Professor for the Indigenous Law and Policy Center at Michigan State University College of Law. “They are looking for cases of opportunity in courts across the … 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

Goldwater Institute Files Anti-ICWA Case

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This complaint goes directly at the right of tribes to determine their tribal citizenry. From this paragraph on, the complaint bases everything on the “child’s race” or “Indian ancestry” and their “unequal treatment” under ICWA… Read more and find the complaint at the Turtle Talk blog. Find case updates at this Turtle Talk blog page.

ALERT: Online Press Conference Tuesday, July 7

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What:  Press conference announcing anti-ICWA lawsuit and campaign When:  Tuesday, July 7, 2015, 9:00 a.m. Pacific time Where: https://www.youtube.com/user/GoldwaterInstitute Who:  Goldwater Institute representatives From the press release: Goldwater Institute to File Class Action Lawsuit Against Indian Child Welfare Act Phoenix—Tomorrow, Tuesday, July 7, the Goldwater Institute will launch a new project to reform the Indian Child … Read more

TRC Report Asserts Cultural Genocide Practiced in Maine

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The final report of the Maine Wabanaki‑State Truth and Reconciliation Commission (TRC) was released at a closing ceremony on June 14 in Hermon. In their letter in the final report, the five commissioners… state that to improve Native child welfare, Maine and the tribes must continue to confront underlying racism still found in state institutions … Read more

Tester: We Must Do More to Address the Youth Suicide Epidemic in Indian Country

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Senator Jon Tester, Vice-Chairman of the Indian Affairs Committee, today held a committee hearing on efforts to prevent youth suicide in Indian Country. During the hearing, Tester heard from administration and tribal leaders about the lack of resources accessible to Native American youth struggling with mental health issues. Read the full press-release at Jon Tester’s … Read more

If Truth be Told (Congress Blog)

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For more than a century, the governments of Canada and the United States pursued a policy of forcible removal of indigenous children from their homes and communities.  The Truth and Reconciliation Commission of Canada recently released a report on these removal practices, recognizing them to be part of a policy of “cultural genocide.” On June … Read more

American Indian College Fund Announces Action Recognizing Partnership to Train Early Childhood Educators in Native Communities

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The organizations will work together to provide early childhood training for teachers and service providers in underserved rural Native American communities…. The program will impact more than 660 Native families and their children across six tribal nations. Read the full article at the PR Newswire website.

Native American Education Goes to Congress: 7 Bills to Watch

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Congress has before it several pieces of legislation that could have major impacts on the education of American Indian, Alaska Native and Native Hawaiian children. The bills include exemption from budget cuts, Native Language Immersion Student Achievement Act, Native American Languages Reauthorization Act, Building up Unique Indian Learning, Native Hawaiian Education Reauthorization Act, Native American … Read more

Congress Passes Two Bills to Help Protect Native Children

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Senator John Barrasso (R-WY), Chairman of the Senate Committee on Indian Affairs, praised the Senate’s passage of S. 184, the Native American Children’s Safety Act and S. 246, the Alyce Spotted Bear and Walter Soboleff Commission on Native Children Act. Read the press release from the Senate Committee on Indian Affairs. Highlights of the Native … Read more

How to Protect Native Children—and ICWA

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The same critics of ICWA that assert that ICWA far exceeds its original purpose; do not understand that ICWA is the only federal law that requires a fair process that considers the unique needs of Indian families and children, and requires consideration by state and private child welfare agencies and courts. Read the full piece … 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

New Challenge to Native American Adoption Rules

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A husband-wife team from two Washington, D.C., law offices filed suit Wednesday challenging strict new government guidelines for adopting Native American children in the aftermath of a landmark 2013 U.S. Supreme Court ruling. Read the full article a the National Law Journal website.

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

Law Professors Submit Comment on the Proposed ICWA Regulations

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These proposed regulations will provide much needed guidance and consistency in state court proceedings involving Indian children. These regulations, supported as they are by ICWA and the great weight of federal Indian law, provide balance and clarity between competing interests, and are well within the authority of the Department of the Interior to promulgate. Read … Read more

$2 million in Grants to Build Tribal Education Departments

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[G]rants ranging from $25,000 to $150,000 per fiscal year are available for federally recognized tribes and their education departments. The grants are designed to help tribes assume control of Bureau of Indian Education (BIE)-funded schools in their communities, promote tribal education capacity, and provide academically rigorous and culturally appropriate education to Indian students on their … Read more

What’s Lurking Behind the Suicides?

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They come to Pine Ridge every few years, these suicide epidemics, with varying degrees of national media attention and local soul-searching. What the news media often misses though, and what tribal members understand but rarely discuss above a whisper, is that youth suicides here are inextricably linked to a multigenerational scourge of sexual abuse, with … Read more

Adoption Attorneys Submits Reply to BIA in Response to Proposed ICWA Amendments

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The nation’s largest constituent group of adoption attorneys, law professors and judges submitted a 45-page response to the Bureau of Indian Affairs (BIA) concerning the Indian Child Welfare Act (ICWA), a federal law established in 1978. The BIA announced earlier this year its attempt to amend the federal law. The AAAA’s formal response outlines a … Read more

May 19 Deadline to Comment on Proposed Regulations

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“The first week of hearings and consultations demonstrated a tremendous groundswell of support in Indian Country,” said Dr. Sarah Kastelic. “It’s exciting to see the momentum created by such a diverse cross section of our communities. Foster and adoptive parents, Native adoptees, foster youth, attorneys and law professors, child psychologists, families still searching for displaced … Read more

New Report on South Dakota Corruption in Foster Care

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May 13th, 2015. The Lakota People’s Law Project released a 35-page report today that reveals how private institutions and their cozy relationships with those in the highest seats of power in South Dakota are responsible for the daily violations of the Indian Child Welfare Act and the systemic human rights abuses against the Lakota population … Read more

Judge in Indian Child Welfare Case Asks Court to Reconsider

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A South Dakota state judge and other defendants have filed motions requesting a federal judge reconsider his ruling in which he found state officials in Rapid City set policies that violate the federal Indian Child Act Welfare Act. Read the full article at the Seattle PI website. See related article, “Circuit judge and others claim federal … Read more

Investing in the Future of American Indian and Alaska Native Students

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Today, the Subcommittee on Early Childhood, Elementary, and Secondary Education held a hearing to discuss the educational challenges impacting American Indian and Alaska Native (AI/AN) students and schools. The hearing entitled “Examining the Challenges Facing Native American Schools” is the first hearing exploring this topic since 2008. Read the full press release at the Committee … Read more

Governor Announces Planned Change for Adoption Process of Alaska Native Children

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There were more than a few teary eyes in the governor’s conference room on Thursday, when Gov. Bill Walker announced plans for a significant overhaul to Alaska’s adoption process for Alaska Native children. The move comes after a high-profile Alaska Supreme Court case added potentially impossible-to-clear hurdles to the federal Indian Child Welfare Act’s provisions … Read more

Washington Tribes Urge Restart of Background Checks in Child Placement

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Washington tribes and the country’s largest group representing Native Americans are asking for state and federal help in getting background checks when a tribe needs to place a child with a foster parent in an emergency situation. The state’s Children’s Administration, a division of the Department of Social and Health Services, had conducted the criminal … Read more

‘A Great Triumph for Our Indian Children’: Tribes Win Landmark Child Welfare Case

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On Monday, March 30 a federal judge issued a landmark decision affirming that officials in South Dakota violated numerous provisions in the Indian Child Welfare Act (ICWA) and denied Indian parents their rights under the Due Process Clause of the Constitution. Referencing widespread and systemic failure to protect the integrity of Indian families, Judge Jeffrey … Read more

Nearly $2.9 Million in Head Start Funds Awarded to Tribe

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The federal funding [to the Turtle Mountain Indian Reservation in North Dakota] will support Early Head Start and Head Start programs as the tribe works to improve its governance, children’s health and safety and provide comprehensive early education services to improve school readiness for American Indian children, according to a news release. The funds will … Read more

Indian Country Braces for Battle With Adoption Industry Over ICWA Guidelines

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“The federal government’s unwillingness to hear from those groups who have been in the field for many years working directly with those families and children who will be negatively impacted by these guidelines is alarming,” said [American Academy of Adoption Attorneys President] Goldheim. “As a nonprofit organization comprised of child welfare experts, we are committed … 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

Michigan Court of Appeals Reverses Adoption of Indian Child; Cites Michigan Adoptive Placement Preference Standards

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The federal government and the state of Michigan show concern over potential separation of Indian children from their families and tribes through the Indian Child Welfare Act (ICWA) and the Michigan Indian Family Preservation Act (MIFPA), which include adoptive placement preference requirements for individuals seeking to adopt Indian children. Those laws again came into play … Read more

Heitkamp Reintroduces Bipartisan Bill to Ease Financial Costs of Adoption in Tribal Communities

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March 23, 2015, WASHINGTON, D.C. – U.S. Senator Heidi Heitkamp today reintroduced her bipartisan bill to ease the financial challenges of adopting children in tribal communities in North Dakota and across the country. In all 50 states, parents who adopt children with special needs are able to claim the full adoption tax credit, helping to … Read more

Federal Commission to Eliminate Child Abuse and Neglect Fatalities Holds Public Meeting on Tribal Lands in Scottsdale, AZ

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SCOTTSDALE, Ariz., March 26, 2015 /PRNewswire-USNewswire/ — The Commission to Eliminate Child Abuse and Neglect Fatalities (CECANF) held a public meeting on tribal lands today at the Talking Stick Resort in Scottsdale, Arizona.  The focus of the meeting was for Commission members to explore key issues related to addressing and preventing child abuse and neglect fatalities … Read more

Comments Sought on New BIA ICWA Rules

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The Department of the Interior will be conducting tribal consultations and public meetings on the proposed rule through May 2015 to facilitate input and comment on the proposed rule. Meeting times and dates are listed below. The proposed regulations can be found at http://www.indianaffairs.gov/WhoWeAre/BIA/OIS/HumanServices/IndianChildWelfareAct/index.htm Comments can be submitted via any of the following methods: • … Read more

Foster-Care Plan for Tribes Filled with Problems

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When the federal government opened foster-care assistance to Native American tribes in 2008, more than 80 expressed interest in the program. By 2014, however, just 27 tribes had applied and only five had been approved for the federal program, their efforts hobbled by a lack of resources, inflexibility by federal bureaucrats and cultural insensitivity, according … Read more

Alaska Requests More Time to Consider Position in ICWA Dispute

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“The state has requested an additional 30-day extension because the administration needs additional time to determine its response to the issues raised in the petition and the amicus brief,” Jacqueline Schaffer, an assistant attorney general with the Alaska Department of Law, told KNBA. Read the March 18 article at the Indianz.com website. Related links: March … Read more

Native Sun News: Lakota Children in ‘Imminent Danger’ in State

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The class action lawsuit, which involves the first 48 hours after an Indian child is taken from his or her family, alleges the State of South Dakota regularly violates the Constitutional Rights of Indian parents and provision 1922 of the Indian Child Welfare Act during the “show cause” hearing. The case, OST et. al vs … Read more

USDA Launches Initiative to Develop New Solutions to End Child Hunger

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In a speech at the 2015 National Anti-Hunger Policy Conference today about the extent of childhood hunger in America and the impact of USDA programs on reducing food insecurity, Agriculture Secretary Tom Vilsack announced more than $27 million in grants to fund innovative projects designed help end childhood hunger. The announcement was part of USDA … Read more

Tribes asking federal court to force judge to disclose communications

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Chief U.S. District Judge Jeffrey Viken delayed a ruling on whether … 7th Circuit Judge Jeff Davis, of Rapid City, would have to turn over records of his discussions with other 7th Circuit judges…. Viken’s ultimate decision may be a key ruling in the 2-year-old lawsuit brought by the Oglala Sioux and Rosebud Sioux tribes and … Read more

NICWA webinar on new ICWA guidelines: Friday, March 13

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A major development in tribal child welfare policy was announced on February 25, 2015. The Bureau of Indian Affairs announced that it had revised–effective immediately–the Guidelines for State Courts and Agencies in Indian Child Custody Proceedings for the first time since 1979. NICWA is hosting a free webinar on Friday, March 13, 2015, at 10 … Read more

Latest NICWA Pathways Practice Digest Highlights Tribal-State Collaboration

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Since the passage of the Indian Child Welfare Act (ICWA) in 1978, there has been increasing movement to enhance state policy to support ICWA and address several of the challenges to American Indian and Alaska Native (AI/AN) children’s well-being. The efforts that have proven most successful have been initiated by tribal governments and AI/AN Indian … 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

BIA Releases New ICWA Guidelines to Protect Native Families and Children

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The updated guidelines, said Washburn, will provide much-needed clarity and comprehensive direction in for [sic] determining whether a child is an Indian child, identifying the child’s tribe, and notifying its parent and tribe as early as possible before determining placement. Further, they will provide clear instruction on the application of “active efforts” to prevent the … 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

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

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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

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“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

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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

Native Youth Education in State of Emergency

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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

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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

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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

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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

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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”

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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)

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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

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

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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

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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)

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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

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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

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

Child Care and Development Block Grant Act is Signed into Law

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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

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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

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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

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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

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

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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)

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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

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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

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

First Educare Serving Native Children and Families Opens in Nebraska

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On October 17, 2014, the Winnebago community celebrated the grand opening of Educare Winnebago, a new state-of-the-art early childhood education school that ultimately will serve 191 children on the Winnebago Indian Reservation in northeastern Nebraska. The school is the first Educare in a Native American community, the fourth Educare in Nebraska and the 20th Educare … Read more

Indian Schools Face Disrepair, Poverty

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The 183 schools are spread across 23 states and fall under the jurisdiction of the Interior Department’s Bureau of Indian Education. The schools serve about 48,000 children, or about 7 percent of Native-American students, and are among the country’s lowest performing. They are in some of the most out-of-the-way places in the country; one is … Read more

Children’s Bureau Express Spotlight on Tribal Child Welfare

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Native American children are disproportionally represented in child welfare. Efforts to effect change must be culturally competent and protect the best interests of Indian children and strengthen Native families. This month, we look at cultural adaptations of trauma treatments, research on the use of social services by urban American Indian families, and a guide to … Read more

Two Sioux Tribes Receive Federal Funds to Build Tribal Foster Care

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Two tribes of the Lakota Sioux Nation in South Dakota Indian Country have been awarded planning grants by the Department of Health and Human Services, marking a historic moment in the ongoing effort to stop the illegal State seizure of Lakota children by creating an independent tribal-run family services program administered for Lakota, by Lakota. … Read more

Alaska Supreme Court: Native Child can be Adopted by Non-Native Family

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  In a split decision, the Alaska Supreme Court has ruled against the village of Tununak, which was appealing a lower court’s decision that allowed an Alaska Native infant to be adopted by non-Native parents rather than giving custody to her extended biological family in the tiny Western Alaska community. The Supreme Court’s ruling this … Read more

Alaska Supreme Court’s latest ICWA Decision is a Blow to Alaska Native Family Rights

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On September 12, 2014, the Alaska Supreme Court issued a decision that will effectively bar most Alaska Native families from asserting their rights under the Indian Child Welfare Act (ICWA) and in doing so will increase the number of Native children severed from their families and culture. In the Native Village of Tununak II v. … Read more

Crisis of Native American children spurs summit (Minnesota)

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State, county, and tribal leaders from Minnesota gathered at Fortune Bay Resort Casino on Thursday [Sept. 25] to talk about what they are calling a crisis of Indian children.   Native Americans account for one percent of Minnesota’s population. However, Native American children are four times more likely to live in poverty than the state’s … Read more

Senate Passes Preventing Sex Trafficking and Strengthening Families Act

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[September 19, 2014] Last night, the U.S. Senate passed the Preventing Sex Trafficking and Strengthening Families Act, bipartisan child welfare legislation aimed at reducing child sex trafficking, increasing adoptions and improving child support collections.  The bill includes a number of proposals from legislation introduced by U.S. Senator Orrin Hatch (R-Utah) last September (S. 1518, the … 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

Tribal Leaders Summit Panel Talks Child Welfare

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BISMARCK, N.D. — A panel at the Tribal Leaders Summit on Thursday addressed problems facing the implementation of the Indian Child Welfare Act. … The consensus among the panelists is that the obstacle facing implementation of child welfare programs on reservations is lack of funding. Read the full article at the Bismarck Tribune website.

Federal Officials Say Native American School in Minnesota Needs Help

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Federal officials got a firsthand look at one deteriorating Native American school in Minnesota Tuesday–they said it’s one of many suffering similarly throughout the country. After touring Bug-O-Nay-Ge-Shig School in Bena, Minnesota, Secretary of Interior Sally Jewell said it’s just one example of how the country is letting down it’s Native American students. Read the full article and … 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

Lac du Flambeau Families Benefit from Foster Care Changes

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Lac du Flambeau hopes to provide more support for families and kids in its foster care system. The state of Wisconsin has signed an agreement allowing the tribe to access a new stream of federal funding. The Title IV-E program is the federal government’s foster care program.  Until recently, funds from that program have gone … Read more

Judge Accepts Feds’ Comments on Indian Child Welfare Case (South Dakota)

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August 18, 2014. In what is being called a rare move, the Department of Justice last week threw its support behind two South Dakota tribes and two Native American mothers that have accused state officials of violating the Indian Child Welfare Act by taking custody of their children for 60 days after only a brief hearing. … 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

House Passes Bill To Prevent Sex Trafficking, Strengthen Vulnerable Children and Families

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On Wednesday, July 23, 2014, the House of Representatives unanimously approved H.R. 4980, the “Preventing Sex Trafficking and Strengthening Families Act.” This bipartisan, bicameral bill reflects agreements reached between House and Senate leaders on three separate bills designed to prevent sex trafficking of children in foster care, increase adoptions from foster care, and increase child … Read more

Why Are These Indian Children Being Torn Away From Their Homes?

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Imagine entering family court and knowing that what’s at stake is the person you hold most dear – your child. Now imagine having a judge tell you that he’s removing your child from your custody, from your home. When you ask him why, the judge’s replies, “I honestly can’t tell you.” The judge then signs … Read more

Alaska Supreme Court sides with Interior tribe in child custody, sovereignty case

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The Alaska Supreme Court ruled Friday in support of an Interior tribal court in a child custody and tribal sovereignty case that was contested by Gov. Sean Parnell’s administration. The case, Simmonds v. Parks, started almost six years ago as a custody dispute in the Village of Minto, a town of 200 people about 130 … Read more

Abuse and Neglect: The Toxic Lives of Drug Endangered Children

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[Vice-president of the National Alliance for Drug Endangered Children, Lori] Moriarty spoke to a gathering of about 150 tribal officials, law enforcement officers, educators, attorneys and victims’ advocates on developing a successful collaborative response to drug endangered children at the 2014 Indian Country Conference, July 16-17 at Prairie Band Casino and Resort in Mayetta, Kansas. … Read more

Legislation Introduced to Help Adoptive Parents in Indian Country Receive Adoption Tax Credit

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July 9, 2014 U.S. Senators Tim Johnson (D-SD), James Inhofe (R-OK), Heidi Heitkamp (D-ND), and Lisa Murkowski (R-AK) today introduced the Tribal Adoption Parity Act. The legislation ensures parents adopting American Indian and Alaskan Native children through tribal courts are treated fairly under our nation’s tax code by making it easier for adoptive parents across … Read more

Leaders Convene to Improve Life for Spirit Lake’s Sacred Children

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This week 26 key decision-makers from the Spirit Lake Sioux Tribe, federal and state governments, as well as local and national private organizations met to kick off a comprehensive strategy called the “Spirit Lake Child Welfare Improvement Project.” The purpose of this gathering was to convene decision-makers to craft a vision and an initial plan … Read more

Dr. Dean Chavers: Is Racism Hindering Native Student Achievement?

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The level of racism in Indian schools is astounding. But the level of its exposure is miniscule. Most of it is covered up, hidden, not talked about, and not acted upon. But the affect it has on Indian children is horrendous and debilitating. Read the full article at the Indian Country Today Media Network website.

S.D. tribes look to establish foster care services on reservations

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Five South Dakota tribes have asked the federal government for financial assistance to help operate their own foster care services. … The Standing Rock, Cheyenne River, Yankton, Oglala and Crow Creek Sioux tribes submitted applications Monday seeking federal planning dollars to develop and operate their own programs. The Rosebud Sioux Tribe received one of the … Read more

NSU gets $735,000 from National Child Welfare Workforce Institute

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Northeastern State University is one of 11 universities nationwide to receive five-year funding of $735,000 through the National Child Welfare Workforce Institute, a service of the U.S. Children’s Bureau, a media release states. NSU’s Department of Social Work and the Cherokee Nation Indian Child Welfare entered into a formal partnership that will assist in building … Read more

Navajo Nation Makes Historic Agreement With DHHS to Handle its Tribal Foster Care

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On Friday, June 27, the Navajo Nation made an historic pact with the U.S. Department of of Health and Human Services to execute a direct funding agreement through the Title IV-E program under the Social Security Act that will reimburse the tribe and its child welfare agencies for federally eligible foster care, adoptions and guardianships. … Read more

As Child Abuse Persists at Spirit Lake, Congress Steps In

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A congressional committee has begun investigating why child abuse and neglect persists on North Dakota’s Spirit Lake reservation, almost two years after the federal government stepped in to address the problem. At a hearing on Tuesday, tribal leaders and officials from the Bureau of Indian Affairs and the Department of Health and Human Services are … Read more

Seminole Tribe of Florida Looking for a Superintendent of Education (6/2/2014)

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The Seminole Tribe of Florida is currently accepting applications for a Superintendent of Education. The person in this position will be responsible for the overall leadership, development, organization, management, operation, and implementation of Seminole Tribe of Florida’s Educational programs across departments including the Ahfachkee School, Ahfachkee Traditional Preservation, Pemayetv Emakakv Charter School, Brighton Charter Cultural … 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

Strengthening Tribal Communities through Education and Economic Development: Reforms to the Bureau of Indian Education

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In the wake of Friday’s visit by President Barack Obama and First Lady Michelle Obama to the Standing Rock Sioux Reservation in North Dakota, the White House released an action plan to help strengthen and sustain at least two of Obama’s biggest initiatives in Indian country: Education and Economic Development. Acknowledging the “crisis” in Indian … Read more

Cramer Announces June 24, 2014, House Hearing on Spirit Lake Child Welfare

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On Tuesday, June 24th, the House Natural Resources Subcommittee on Indian and Alaska Native Affairs will hold an oversight hearing entitled “Child Protection & the Justice System on the Spirit Lake Indian Reservation.” This hearing will assess whether Congressional action is needed to address systematic problems with the child welfare and justice system on the … Read more

Advisory Committee on Native Children Exposed to Violence Holds Final Hearing

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ANCHORAGE, Alaska –The Advisory Committee of the Attorney General’s Task Force on American Indian and Alaska Native Children Exposed to Violence convenes its final public hearing in Anchorage, Alaska, today. The hearing, which commenced June 11, will examine the wide-ranging impact of violence on children in Alaska Native communities and consider programs to effectively support … Read more