Interest of N.K., October 23, 2024 (Supreme Court of South Dakota.)
Read the full opinion at the National Indian Law Library.
Standing Strong for Native Families
A website from the Native American Rights Fund
Read the full opinion at the National Indian Law Library.
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
In a landmark decision, California Governor Gavin Newsom (D) has signed Assembly Bill 81 (AB 81) into law on California Native American Day, enhancing protections for Native American children, families, and tribal rights in child welfare cases. Read the full article at the Native News Online website.
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.
Read the full opinion at the National Indian Law Library.
Read the full opinion at the National Indian Law Library.
Read the full opinion at the National Indian Law Library.
Read the full opinion at the National Indian Law Library.
Read the full opinion at the National Indian Law Library.
Submit your presentations for the 43rd Annual Protecting Our Children Conference on March 30–April 2, 2025 in Orlando, Florida. Find submission information here and visit the conference page for more information.
Read the full opinion at the National Indian Law Library.
Read the full opinion at the National Indian Law Library.
Read the full opinion at the National Indian Law Library.
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
Read the full opinion at the National Indian Law Library.
Read the full opinion at the National Indian Law Library.
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.
Read the full opinion at the National Indian Law Library.
Read the full opinion at the National Indian Law Library.
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
Due to inconsistent regulations, different standards exist for Native American children and non-Native children in the CPS system. Read the full article at the Texas Scorecard website.
The newly created Indian Child Welfare Advisory Council held its first meeting Thursday to discuss South Dakota’s foster care process and how to improve communication and collaboration between the state and tribal governments. Read the full article at the Bluestem Prairie website.
The state law was intended to address shortcomings in the federal Indian Child Welfare Act of 1978. Read the full article at the MinnPost website.
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
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.
Read the full order at the National Indian Law Library.
Read the full opinion at the National Indian Law Library website.
Read the full opinion at the National Indian Law Library (PDF).
Read the full opinion at the National Indian Law Library.
Read the full opinion at the National Indian Law Library website.
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.
Read the full opinion at the National Indian Law Library website.
Read the full opinion at the National Indian Law Library website.
Read the full opinion at the National Indian Law Library website.
Read the full opinion at the National Indian Law Library website.
See the NICWA website for more information or to register.
Read the full opinion at the National Indian Law Library website.
The Cheyenne River Sioux Tribe purchased the Simply Smiles Children’s Village last month, allowing the tribe to reopen one of the few foster care villages in the state meant to serve Indigenous children. Read the full article at the Bluestem Prairie website.
Black children are twice as likely as white kids to be removed from their parents. For Native American kids, the disparities are even more stark. Read the full article at the StarTribune website.
“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
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Its goal is to improve communication and cooperation between tribes and the state when it comes to developing policies to improve Native child welfare. Read the full article at South Dakota Public Broadcasting.
Read the full opinion at the National Indian Law Library website.
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.
Read the full opinion at the National Indian Law Library.
Read the full order at the National Indian Law Library.
Read the full article at the National Indian Law Library (pdf).
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.
The Biden administration announced plans to add new requirements for states to report on their compliance with the Indian Child Welfare Act (ICWA), a decades-old law designed to maintain the bonds between Native children and their families and tribes. Read the full article at The Imprint.
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
Read the full opinion at the National Indian Law Library website.
Read the full opinion at the National Indian Law Library website.
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
“This was not just a win for me,” she said. “It was a win for everything and everyone I represent — tribes, young people who have experienced foster care … kids who have been involved in juvenile justice. This felt like a really, really positive step for me.” Read the full article at AOL.com or … Read more
Read the full opinion at the National Indian Law Library website.
Read the full opinion at the National Indian Law Library website.
Read the full opinion at the National Indian Law Library website.
Read the full opinion at the National Indian Law Library website.
Read the full opinion at the National Indian Law Library website.
See the NICWA website for additional information and to register: Registration is also open for the 42nd Annual Protecting Our Children Conference to be held in Seattle, Washington, April 7–10, 2024. See the NICWA website for more information.
Read the full opinion at the National Indian Law Library website.
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.
The Bureau of Indian Affairs (BIA) announced nearly $2 million in grants to support the Indian Child Welfare Act (ICWA) in off-reservation communities across the nation. Read the full article at Indianz.com
Native American children are overrepresented in South Dakota’s child welfare system — accounting for nearly 74% of foster children in the state at the end of fiscal year 2023, despite making up 13% of the state’s child population. Read the full article at the Argus Leader.
Read the full opinion at the National Indian Law Library website.
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
Read the full order at the National Indian Law Library website.
Read the full order at the National Indian Law Library website.
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
Read the full opinion at the National Indian Law Library website.
Read the full opinion at the National Indian Law Library website.
For more information and to register, see the NICWA website.
In a letter that went out on September 26, the Uniform Law Commission announced a second listening session on the benefits and drawbacks of a potential model state ICWA law. See full post on Turtle Talk for additional information.
Read the full opinion at the National Indian Law Library website.
Read the full opinion at the National Indian Law Library website.
Read the full opinion at the National Indian Law Library website.
Read the full opinion at the National Indian Law Library website.
Read the full opinion at the National Indian Law Library website.
Read the full order at the National Indian Law Library website.
Read the full order at the National Indian Law Library website (pdf).
North Dakota Governor Doug Burgum signed a bill into law codifying the federal Indian Child Welfare Act into North Dakota, and our Native Americans have a lot to say about it. Read the full article at the KX News website.
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
Read the full decision at the National Indian Law Library website.
Read the full decision at the National Indian Law Library website.
Read the full decision at the National Indian Law Library website.
Read the full decision at the National Indian Law Library website.
Read the full opinion at the National Indian Law Library website.
A federal law preventing parents from taking custody battles across state lines did not apply to tribal nations, a federal appeals court ruled this week. Read the full article at NBC News.
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.
Read the full decision at the National Indian Law Library website.
The state’s Indian Child Welfare Act Task Force met for the first time in Riverton to discuss next steps after the U.S. Supreme Court upheld the 1978 federal law earlier this summer. Read the full article at Wyoming Public Radio.
While ICWA remains a federal law, a dozen states have already moved to bring some or all of the law’s tenets into state child welfare codes. During the current legislative season, several other states have local ICWA laws under consideration. The Imprint has set up this basic state ICWA tracker to update readers on developments. … Read more
Read the full opinion at the National Indian Law Library.
Read the supplemental opinion at the National Indian Law Library.
Jones said it is unclear which act, ICWA or ASFA, applies to South Dakota Native families at which time, and that the conflict of these two laws has caused confusion among Native families. He said state legislation could help iron that out. Read the full article at the Mitchell Republic website.
Read the full opinion at the National Indian Law Library.
Read the full opinion at the National Indian Law Library.
Read the full opinion at the National Indian Law Library.
Read the full opinion at the National Indian Law Library.
The Nebraska Supreme Court on Friday acknowledged Nebraska courts’ obligation to follow federal regulations in cases involving the Indian Child Welfare Act. Read the full article at Lincoln Journal Star.
Read the full decision at the National Indian Law Library website.
A recent ProPublica investigation showed how ICWA was being unevenly applied in some states, breaking up Native American families that should have received additional protections under the law. There’s still room for improvement, advocates say. Read the full article at ProPublica.
“In adopting the Indian Child Welfare Act, Congress exercised that lawful authority to secure the right of Indian parents to raise their families as they please; the right of Indian children to grow in their culture; and the right of Indian communities to resist fading into the twilight of history. All of that is in … Read more
“This case is about children who are among the most vulnerable: those in the child welfare system,” wrote Justice Amy Coney Barrett in the majority opinion. “The bottom line is that we reject all of petitioners’ challenges to the statute, some on the merits and others for lack of standing.” Read the full article at … Read more
By a 7-to-2 vote, the court upheld the law’s preferences for Native tribes when Indian children are adopted, ruling that the law does not discriminate on the basis of race and does not impermissibly impose a federal mandate on traditionally state-regulated areas of power. Read the full article at NPR.
The Supreme Court on Thursday upheld a 1978 law aimed at keeping Native American adoptees with their tribes and traditions, handing a victory to tribes that had argued that a blow to the law would upend the basic principles that have allowed them to govern themselves. Read the full article at the New York Times.
To help participants understand why ICWA is so important, the training focuses first on what Littlewolf calls “heart work — understanding the historical trauma, the correct history of Indigenous families.” Read the full article at Minnesota Public Radio News.
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.
Beyond the tangle of legal matters, the Supreme Court case delves into the evocative terrain of historical trauma, race, identity, cultural biases — and the very meaning of family. Read the full article at Searchlight New Mexico.
Read the full decision at the National Indian Law Library website.
Read the full decision at the National Indian Law Library website.
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
The Indian Child Welfare Act of 1978 sought to keep Native children in tribal communities. The Supreme Court may change that this spring. Read the full article at the New York Times.
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
Read the full opinion at the National Indian Law Library website.
Read the full decision at the National Indian Law Library website.
Bipartisan legislation now before Congress would enhance funds available to tribal courts and child welfare systems, support tribal ways of adopting children and ease administrative burdens necessary to access the resources. Read the full article at The Imprint.
At a U.S. House Natural Resources Committee virtual roundtable on the Indian Child Welfare Act (ICWA) on Tuesday, lawmakers heard from experts about the dark legacy of the U.S. government removing Native children from their homes as well as personal anecdotes about the impact of growing up as a Native child in a non-Native community. … Read more
Some states are working to enshrine their own versions of the federal Indian Child Welfare Act ahead of the anticipated U.S. Supreme Court decision that could overturn the policy. But Utah isn’t one of them. Read the full article at KUER.
While ICWA is a federal law, a dozen states have already moved to bring some or all of the law’s tenets into state child welfare codes. During the current legislative season, several other states have local ICWA laws under consideration. The Imprint has set up this basic state ICWA tracker to update readers on developments. … Read more
Congresswoman Mary Peltola, D-Alaska, and other House Democrats say they’re worried the U.S. Supreme Court is about to weaken the Indian Child Welfare Act, to the detriment of Native children and their tribes. Read the full article at Alaska Public Media.
North Dakota’s Republican Gov. Doug Burgum has signed a bill into law to protect tribal cultures by codifying the federal Indian Child Welfare Act into state law, Burgum’s office announced Monday. Read the full article at Valley News Live.
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.
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
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
Find a compilation of state ICWA laws, including benchbooks and proposed laws, at Turtle Talk.
The Federal Indian Child Welfare Act is at risk. In the closing days of the session, a duel — or a duet? — of would-be replacements plays out. Read the full article at Montana Free Press.
North Dakota House Bill 1536 passed the state legislature yesterday, April 25. The bill codifies ICWA into state law, meaning if the Supreme Court were to make changes to the federal law, it would not apply to North Dakota law unless the North Dakota Legislature chose to amend the law adopted in HB 1536 in … Read more
Read the full decision at the National Indian Law Library website.
Read the full decision at the National Indian Law Library website.
Read the full decision at the National Indian Law Library website.
“If the court rules the law unconstitutional, it will not only prevent family reunifications like my own — it will tell tribes that we do not have a right to our own children, and that our political sovereignty, which Congress has recognized for centuries is no more. For all of us, this should be a … Read more
Being a grandparent comes with trials and triumphs, sleepless nights and days that fly by, boundless joy and a sense of purpose. I’ve loved all of it, and it was only made possible by a law that is essential to keeping Native American families like mine together. It’s called the Indian Child Welfare Act (ICWA), … Read more
The Administration for Children and Families (ACF) and the National Council of Juvenile and Family Court Judges (NCJFCJ) are hosting a web-based conversation on the State ICWA Laws: Lessons Learned & Where Are We Going? on Thursday, April 27, 2023, from 1-2:30 p.m. (EST). The webinar will address State ICWA laws and their implementation to … Read more
Read the full decision at the National Indian Law Library website.
Read the full decision at the National Indian Law Library website.
Read the full decision at the National Indian Law Library website.
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’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.
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
While a Supreme Court decision overturning ICWA on sweeping equal- protection grounds would likely invalidate those state laws as well, other outcomes — such as a ruling that the federal law exceeded Congress’s authority — could leave state protections in place. Read the full article at USA Today.
Wyoming Gov. Mark Gordon last week signed legislation codifying the Indian Child Welfare Act into state law. A similar bill is moving through the Montana Legislature. Read the full article at the Montana Standard website.
“With some of the sponsors of the bill and the support we have in tribal and state supporters, we’ll bring this issue back up again,” Estes said. “The fact of the matter is that tribal and state leaders need to find a better path forward to work together to put aside our differences and do … Read more
Utah’s eight sovereign tribes push for support on HB40, a bill that would codify the federal Indian Child Welfare Act of 1978, or ICWA, into Utah law. Read the full article at the Salt Lake Tribune website.
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.
The Supreme Court of Montana has ruled that the Indian Child Welfare Act applies to third party custody arrangements in which a Native American parent allows the courts to place their child in the care of a family member. The ruling overturns previous case law in the state that had said ICWA did not apply … Read more
“There are some anomalies and gaps in the federal [law] that could be strengthened on the state side. And to have a task force to look at those and identify those and to determine if we do indeed want to adopt those on the state side is still a worthy discussion,” Larsen said. Read the … Read more
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
“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
Read the full decision at the National Indian Law Library website.
Read the full decision at the National Indian Law Library website.
Read the full decision at the National Indian Law Library website.
Janine Jackson interviewed Crushing Colonialism’s Jen Deerinwater about efforts to overturn the Indian Child Welfare Act for the December 9, 2022, episode of CounterSpin. Read the transcript or listen to the interview at FAIR.org.
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
Read the full decision at the National Indian Law Library website.
Read the full decision at the National Indian Law Library website.
The Supreme Court will decide a case that affects Native children and their adoptive families. Although both sides claim to have children’s best interest at heart, removing kids from Native communities has a troubled history in America. Read the full article at Harper’s Bazaar.
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
Citizen Potawatomi Nation’s FireLodge Children & Family Services welcomed DeAnna Voeks as its new foster care and adoption specialist in June 2022. She knew from her first day that working for the Tribe and FireLodge would be different than any of her previous jobs — in a good way. Read the full article at Potawatomi.org.
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
Indigenous affairs reporter Miles Brady talked with Koston Lathoris, a Las Vegas lawyer and citizen of the Southern Paiute tribe, about the case. Listen to the full story at Nevada Public Radio.
Each side presented their oral arguments Wednesday to the U.S. Supreme Court for the most serious challenge to the Indian Child Welfare Act in recent memory. The decision in Haaland v. Brackeen will be a major force in the future of ICWA and the scope of tribal sovereignty. Today on Native America Calling, Shawn Spruce … Read more
The Supreme Court appeared likely Wednesday to leave in place most of a federal law that gives preference to Native American families in foster care and adoption proceedings of Native children. Read the full article at Indian Country Today.
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 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 U.S. Supreme Court’s conservative majority seemed conflicted Wednesday, as the justices heard arguments challenging the Indian Child Welfare Act, known by the acronym “ICWA.” Listen to the full story at NPR.
Read the full decision at the National Indian Law Library website.
Read the full decision at the National Indian Law Library website.
The Court is hearing a case that challenges the legality of the Indian Child Welfare Act, which prioritizes the placement of Native American children in foster care or adoption with relatives, other tribal members, or in other Native homes. Read the full article at Time.
Brackeen v. Haaland attacks a 44-year-old law enacted to halt cultural genocide. Read the full article at Vox.
The Indian Child Welfare Act was passed to redress years of mass separations of Native families. This month, the court hears a case that could overturn it Read the full article at The Guardian.
Every Native child deserves the deep sense of safety that comes with being cared for in a home that shares their culture. Read the full article at romper.
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
The Indian Child Welfare Act set out to fix generations of harm to Native kids. The Supreme Court could soon toss it aside. Read the full article at the Mother Jones website.
There’s a central question at the core of every child welfare case: What is the best interest of the child? When it comes to Native adoptions, the fate of the law that set the standard for four decades now rests with the Supreme Court. Read the full article at the Christian Science Monitor website.
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
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
The issue is whether a federal law that seeks to place Native American foster children in Native American homes is constitutional. The case could turn on whether the justices see tribes as racial groups or sovereign nations. Read the full article at the New York Time website.
The case has enormous implications for Indian Country, its children and the ongoing existence of tribal sovereignty, said Sarah Deer, professor at the University of Kansas and chief justice for the Prairie Island Indian Community. Read the full article at the Indian Country Today website.
Read the full opinion at the National Indian Law Library website.
Read the full opinion at the National Indian Law Library website.
The Imprint walks readers through highlights of the Brackeen v. Haaland case Read the full article at The Imprint.
“Who could ever believe that [ICWA] would be taken away?” she said. “That’s one of the last things keeping our community together in the way that it has, so imagining a world where that doesn’t exist is just too, too painful.” Read the full article at the KTOO website.
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
Kendra Lowden, a Citizen Potawatomi Nation member, discussed the case as well as the Indian Child Welfare Act and the impact its repeal could have on tribes and children across the country. Listen to the full podcase at Potawatomi.org.
Read the full decision at the National Indian Law Library website.
Read full decision at the National Indian Law Library website.
The conference will be in person at the Peppermill Resort Spa Casino in Reno, Nevada. This year’s theme is Healing Our Spirits: Nurturing and Restoring Hope. A call for presentations is also open. Read more and register at the NICWA website.
“We will not go back to a time when our children were stolen from our communities without cause.” Read the full article at The Imprint.
The Biden administration proposes spending $20 billion over a decade to help some of the most vulnerable families in the country, including relatives suddenly thrust into child rearing. Read the full article at The New York Times website.
Read the full opinion at the National Indian Law Library website.
Matthew Fletcher, Harry Burns Hutchins Collegiate Professor of Law, University of Michigan, and Rebecca Nagle, Creator and Host, “This Land” Podcast, discuss the case before the Supreme Court. Listen at the Ideastream Public Media website.
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
The case, known as Brackeen v. Haaland, has galvanized Indian County. Tribes are concerned the Supreme Court will nullify their right to oversee foster care placements in cases involving Native children, and they fear it could lead to further erosion of their federal rights. Read the full article at the MinnPost website.
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
Read the full opinion at the National Indian Law Library website.
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
Read the full decision at the National Indian Law Library website.
Read the full opinion at the National Indian Law Library website.
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
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
Read the full article at the Navajo-Hopi Observer website.
Read the full decision at the National Indian Law Library website.
Read the full decision at the National Indian Law Library website.
Read the full decision at the National Indian Law Library website.
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
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
The American Indian College Fund has announced four grants totaling $6.25 million in support of its Indigenous Early Childhood Education (IECE) program. Read the full article at Philanthropy News Digest.
Read the full decision at the National Indian Law Library website.
The data from the Pascua Yaqui Tribe and Pima County ICWA Courts show the success of ICWA and support the nickname ICWA has earned as the “gold standard.” There are golden nuggets of evidence found in Arizona, and it is imperative that the Supreme Court of the United States uphold ICWA as constitutional for the … Read more
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
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
Read the full decision at the National Indian Law Library website.
ALIGNING GOVERNANCE WITH CULTURE AND CREATING COMMUNITY SUPPORTS THAT FOSTER FAMILY WELLBEING BY PATRICE KUNESH Read the full article at National Native Children’s Trauma Center.
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
Today, five tribes filed a brief with the U.S. Supreme Court in Brackeen v. Haaland defending the constitutionality of the Indian Child Welfare Act (ICWA). Read the full article at Indian Country Today.
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
Read the full decision at the National Indian Law Library website.
Read the full article in The Desert Sun.
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
Legal Topics: Indian Child Welfare Act Read the full decision at the National Indian Law Library website.
Legal Topics: Indian Child Welfare Act Read the full decision at the National Indian Law Library website.
Read the full article in Native News Online.
More than half of Native American children in California who are taken into foster care end up in non-Indigenous households. Assembly Bill 1862, which has so far met unanimous support in both houses of the state Legislature, would provide annual funding for tribes to recruit foster parents among their members, and to refurbish and repair … Read more
Legal Topics: Child Custody; Tribal Courts Read the full decision at the National Indian Law Library website.
Legal Topics: Indian Child Welfare Act Read the full decision at the National Indian Law Library website.
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.
Legal Topics: Indian Child Welfare Act Read the full decision at the National Indian Law Library website.
Legal Topics: Indian Child Welfare Act; Michigan Indian Family Preservation Act Read the full decision at the National Indian Law Library website.
Legal Topics: Indian Child Welfare Act Read the full decision at the National Indian Law Library website.
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
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
Legal Topics: Custody; Jurisdiction Read the full decision at the National Indian Law Library.
Legal Topics: Indian Child Welfare Act Read the full decision at the National Indian Law Library.
Legal Topics: Indian Child Welfare Act Read the full decision at the National Indian Law Library.
Legal Topics: Indian Child Welfare Act Read the full decision at the National Indian Law Library website.
Read the full article in Indian Country Today.
Read the full article in Native News Online.
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.
Read the full article in The Imprint.
Register and learn more about this training at the Turtle Talk blog.
Legal Topics: Indian Child Welfare Act Read the full decision at the National Indian Law Library website.
Read the full article in Alaska Public Media.
Read the full article in the Tahlequah Daily Press.
Read Susan Devan Harness’s essay in the Harvard Law Bill of Health.
Legal Topics: Indian Child Welfare Act; Michigan Indian Family Preservation Act Read the full decision at the National Indian Law Library website.
Legal Topics: Indian Child Welfare Act; Minnesota Indian Family Preservation Act Read the full decision at the National Indian Law Library website.
Read Kathryn Fort’s essay in Harvard Law’s Bill of Health.
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
Legal Topics: Indian Child Welfare Act Read the full decision at the National Indian Law Library website.
Read the full law review article in the Indigenous Peoples’ Journal of Law, Culture & Resistance.
Legal Topics: Indian Child Welfare Act; Nebraska Indian Child Welfare Act Read the full decision at the National Indian Law Library website.
Read Kathryn Fort’s post on Turtle Talk.
Read the notice in the Federal Register.
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
Legal Topics: Indian Child Welfare Act Read the full decision at the National Indian Law Library website.
Legal Topics: Indian Child Welfare Act Read the full decision at the National Indian Law Library website.
Legal Topics: Indian Child Welfare Act Read the full decision at the National Indian Law Library website.
Legal Topics: Indian Child Welfare Act Read the full decision at the National Indian Law Library website.
Rebecca Nagle, host of This Land, joins Leah and Kate to discuss the issues at stake in Brackeen v. Haaland, a case challenging the Indian Child Welfare Act that the Supreme Court will hear next term. Listen to this episode on the Crooked Media website.
Read the article in the Bangor Daily News.
Legal Topics: Indian Child Welfare Act; Jurisdiction Read the full decision at the National Indian Law Library.
Legal topics: Indian Child Welfare Act Read the decision at the Turtle Talk blog.
Legal Topics: Indian Child Welfare Act Read the full decision at the National Indian Law Library website.
Legal Topics: Indian Child Welfare Act Read the full decision at the National Indian Law Library website.
Listen to the segment on the Turtle Talk blog.
Read about this on the Turtle Talk blog.
Read the article in Native News Online.
Legal Topics: Indian Child Welfare Act Read the full decision at the National Indian Law Library website.
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
Read the article in Youth Today.
Legal Topics: Indian Child Welfare Act Read the full decision at the National Indian Law Library website.
Legal Topics: Indian Child Welfare Act Read the full decision at the National Indian Law Library website.
Read the decision at the Turtle Talk blog.
Legal Topics: Indian Child Welfare Act; Michigan Indian Family Preservation Act Read the full decision at the National Indian Law Library website.
New Mexico can provide support for Native families and their children this legislative session — perhaps in the nick of time, depending on the Supreme Court. Read the full article in the Santa Fe New Mexican.
Read more in the Grant County Beat.
Legal Topics: Indian Child Welfare Act Read the full decision at the National Indian Law Library website.
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
Legal Topics: Indian Child Welfare Act; Termination of Parental Rights Read the full decision at the National Indian Law Library website.
Read the guest essay in the Navajo Times.
Read the article in The Oregonian.
Read the dataset created by Kathryn Fort at the Turtle Talk blog.
Read the full decision, and additional commentary, at the Turtle Talk blog.
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
Legal Topics: Indian Child Welfare Act Read the full decision at the National Indian Law Library website.
S.3337 — A bill to protect Native children and promote public safety in Indian country. Read about this bill at the 117th Congress website.
Legal Topics: Indian Child Welfare Act; Termination of Parental Rights Read the full decision at the National Indian Law Library website.
Read the full article at the Indian Country Today website.
Read the full decision at the Turtle Talk blog.
Read this article in the Columbia Journal of Race and Law.
Legal Topics: Indian Child Welfare Act Read the full decision at the National Indian Law Library website.
Legal Topics: Indian Child Welfare Act Read the full decision at the National Indian Law Library website.
Read the article in the Columbia Journal of Race and Law.
Register for this conference at the Turtle Talk website.
Legal Topics: Indian Child Welfare Act; Michigan Indian Family Preservation Act Read the full decision at the National Indian Law Library website.
Read the full federal register entry at the govinfo.gov website.
Legal Topics: Indian Child Welfare Act Read the full decision at the National Indian Law Library website. Further reading materials are available at Turtle Talk.
Legal Topics: Indian Child Welfare Act Read the full decision at the National Indian Law Library website.
Read the full federal register entry at the National Indian Law Library website. Access the ICWA tribal agent directory at the federal register website.
Legal Topics: Indian Child Welfare Act Read the full decision at the National Indian Law Library website.
Legal Topics: Indian Child Welfare Act Read the full decision at the National Indian Law Library website.
Read the full article in the Norman Transcript.
Read the full law review article in the American Indian Law Review.
Legal Topics: Indian Child Welfare Act Read the full decision at the National Indian Law Library website.
Legal Topics: Indian Child Welfare Act Read the full decision at the National Indian Law Library website.
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
Read the full federal register entry at the National Indian Law Library website.
Legal Topics: Indian Child Welfare Act Read the full decision at the National Indian Law Library website.
Read the full article in The Rural Blog.
Read the full article at the Native News Online website. Listen to ‘This Land’ at Crooked Media.
Legal Topics: Indian Child Welfare Act Read the full decision at the National Indian Law Library website.
Legal Topics: Indian Child Welfare Act Read the full decision at the National Indian Law Library website.
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
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
Legal Topics: Indian Child Welfare Act Read the full decision and Turtle Talk commentary at the Turtle Talk website.
Read the full article on the Native News Online website.
Legal Topics: Indian Child Welfare Act Read the full decision at the National Indian Law Library website.
Legal Topics: Indian Child Welfare Act Read the full decision at the National Indian Law Library website.
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
Legal Topics: Indian Child Welfare Act Read the full decision at the National Indian Law Library website.
Legal Topics: Indian Child Welfare Act Read the full decision at the National Indian Law Library website.
Read the full article at the New York Times website.
SIOUX CITY, Iowa – Nine Rosebud Lakota children began their last morning away from their homelands Friday at the base of a bluff overlooking the Missouri River. Shortly after 1 a.m. Friday morning, a caravan carrying the nine Lakota children who died more than 140 years ago arrived here with a police escort in front … Read more
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.
Legal Topics: Indian Child Welfare Act Read the full decision at the National Indian Law Library website.
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
Legal Topics: Indian Child Welfare Act Read the full decision at the National Indian Law Library website.
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.
Legal Topics: Indian Child Welfare Act Read the full decision at the National Indian Law Library website.
Read the full statement on the Indian Country Today website.
Legal Topics: Indian Child Welfare Act Read the full decision at the National Indian Law Library website.
Read the full federal register entry at the National Indian Law Library website.
Read the full press release at the Department of the Interior website.
Legal Topics: Indian Child Welfare Act; Minnesota Indian Family Preservation Act Read the full decision at the National Indian Law Library website.
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.
Shortly after a First Nation in British Columbia, Canada, confirmed it found the remains of 215 Indigenous children buried under a former residential school, news of more sites just like it started to surface across the country—and in the United States. Read the full article on the Vice News website.
Legal Topics: Indian Child Welfare Act Read the full decision at the National Indian Law Library website.
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
Oregon lawmakers have voted to codify provisions of the federal Indian Child Welfare Act into state law in an effort to honor tribal customs and sent the bill to the desk of Democratic Gov. Kate Brown. Read the full article at The Imprint website.
Legal Topics: Indian Child Welfare Act Read the full decision at the National Indian Law Library website.
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
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
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
Save the date for a virtual Domestic/Family Violence Advocacy Training, June 16-17, 2021. For more information, or to register, email: training@native-knowledge.com. Original post from Turtle Talk.
Legal Topics: Indian Child Welfare Act Read the full decision at the National Indian Law Library website.
Read the article at the Indianz website.
Read the full article in the Washington and Lee Law Review Online.
Legal Topics: Indian Child Welfare Act; Minnesota Indian Family Preservation Act Read the full decision at the National Indian Law Library website.
Legal Topics: Custodial Agreements; Tribal Law Read the full decision at the National Indian Law Library website.
Read the full article in the American Indian Law Review.
These foster youth say the state of Alaska pocketed thousands of dollars that belonged to them. Nationwide, government agencies take money owed to foster children with disabilities or a deceased parent, The Marshall Project and NPR found. And most kids never know it’s gone. Read the full article at the Marshall Project website.
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
H.R.2740 – To protect Native children and promote public safety in Indian country. Read more about this bill at the 117th Congress website.
Read the full article at the Wyoming Public Media website.
Read the full law review article in the Cardozo Journal of Equal Rights and Social Justice.
I am an Ojibwe autistic parent of autistic children, and a disability advocate. My children and I are statistically insignificant, and we routinely endure systemic erasure. Most Native autistic people do not get an accurate diagnosis or the support they need at any age. Native communities desperately need access to accurate information about autism and … Read more
Read the full article in the Department of Justice Journal of Federal Law and Practice.
Legal Topics: Indian Child Welfare Act Read the full decision at the National Indian Law Library website.
Read the full article in the Department of Justice Journal of Federal Law and Practice.
Legal Topics: Indian Child Welfare Act; Tribal Enrollment – Eligibility Read the full decision at the National Indian Law Library website.
Legal Topics: Indian Child Welfare Act; Michigan Indian Family Preservation Act Read the full decision at the National Indian Law Library website.
H.R.1688 – To amend the Indian Child Protection and Family Violence Prevention Act. Read more about this bill at the 117th Congress website.
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
Legal Topics: Indian Child Welfare Act; Michigan Indian Family Preservation Act Read the full decision at the National Indian Law Library website.
Legal Topics: Indian Child Welfare Act; Indian Child Welfare Act – Temporary Guardianship Read the full decision at the National Indian Law Library website.
Legal Topics: Indian Child Welfare Act Read the full decision at the National Indian Law Library website.
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
Legal Topics: Indian Child Welfare Act; Michigan Indian Family Preservation Act Read the full decision at the National Indian Law Library website.
Legal Topics: Indian Child Welfare Act; Child in Need of Care; Indian Child Welfare Act – Expert Witness Read the full decision at the National Indian Law Library website.
A recent, unanimous opinion of the Washington State Supreme Court authored by Justice Raquel Montoya-Lewis, the first Native American justice to serve on the court, gives critical life to the rights granted under the act by giving expansive meaning to the “reason to know” standard that invokes its protections.
Unlawful rollback of data collection requirements is “riddled with errors,” ignores critical need to understand challenges facing American Indian and Alaska Native children, LGBTQ+ foster youth. Read the full article at the Indian Country Today website.
Legal Topics: Indian Child Welfare Act – Jurisdiction; Indian Child Welfare Act – Domicile Read the full decision at the National Indian Law Library website.
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
Legal Topics: Indian Child Welfare Act – Expert Witnesses Read the full decision at the National Indian Law Library website.
Declares Oregon policy regarding Indian children. Modifies Oregon child welfare laws regarding Indian children to reconcile with provisions of federal Indian Child Welfare Act. Read more at the Oregon State Legislature’s website.
Executive Order 13930 of June 24, 2020 Read the full text at the Federal Register website.
The law protects Native children from being taken from their homes without tribal involvement. The case before the state Supreme Court could tighten those rules. Read the full article at the Crosscut website.
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
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, 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 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
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
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
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
The legal status of the Indian Child Welfare Act is again going before the Fifth Circuit Court of Appeals. In 2018, a Texas federal court found the Act known as ICWA to be unconstitutional. But this summer a panel of three Fifth Circuit judges reversed that finding. Now the full panel of appellate judges will … Read more
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
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
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 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
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.
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
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
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
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
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
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
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
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
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
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.
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.
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
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
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
Now 18, Carlisle was placed into the foster care system as an infant and adopted when she was a child, but one box checked on her foster care and adoptive records identify her as African-American. There’s no mention of her Native roots, meaning the state doesn’t legally recognize her status.She’s spent the last two years … Read more
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
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
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
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
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
Legal Topics: Indian Child Welfare Act – Notice Read the full decision at the National Indian Law Library.
Legal Topics: Indian Child Welfare Act – Application of Read the full decision at the National Indian Law Library website.
Legal Topics: Indian Child Welfare Act – Transfer to Tribal Court Read the full decision at the National Indian Law Library website.
Legal Topics: Indian Child Welfare Act – Active Efforts Read the briefs at the Turtle Talk blog and the full decision at the National Indian Law Library website.
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
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
PDF version available from Turtle Talk website. Direct questions to kate@naicja.org.
The crazy thing is that the Indian Child Welfare Act is forty years old, and it’s still one of the least well-understood pieces of federal legislation, even by judges, in the country. Read the full article at The Progressive website.
Find information about (Indian Child Welfare Act (ICWA) cases including the annual 2018 case update on the Turtle Talk blog.
Legal Topics: Indian Child Welfare Act – Expert Witnesses Read the full decision at the National Indian Law Library website.
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
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 notice. See a copy of the updated list.
The Arizona Court of Appeals ordered a new hearing Thursday over the guardianship of a 6-year-old child who is subject to the Indian Child Welfare Act. The Navajo Nation appealed the case, The Navajo Nation v. Department of Child Safety et al., in October 2018 after the juvenile court failed to hear the testimony of a … Read more
But a week ago, citing a “crisis” in child welfare, Brown called for creation of the advisory board and other steps to give her more direct control of the agency with an aim of getting it to improve and to do so quickly. She issued an executive order to put her wishes into effect. The … Read more
The South Dakota Supreme Court has ruled that a local judge erred when he transferred a child abuse and neglect case from state court to tribal court without considering testimony from the child’s doctor. Read the full article at the Rapid City Journal website.
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
Legal Topics: Indian Child Welfare Act – Notice Read the full decision at the National Indian Law Library website.
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
Legal Topics: Indian Child Welfare Act – Expert Witnesses; Indian Child Welfare Act – Transfer to Tribal Court Read the full decision at the National Indian Law Library website.
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
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
So far, 325 tribes and states, including Montana, Idaho, Utah and Colorado, have joined forces to preserve a law that gives Native families preference in adoption of Native children. Read the full article at the Wyoming Public Media website.
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
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
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
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
Legal Topics: Indian Child Welfare Act – Termination of Parental Rights Read the full decision at the National Indian Law Library website.
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
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
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
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
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
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
Legal Topics: Indian Child Welfare Act – Notice Read the full decision at the National Indian Law Library website.
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
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
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 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
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
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
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
A case before a federal appeals court this week 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 … Read more
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
The Indian Child Welfare Act is under attack and tribes are pushing back after conservative and Christian groups joined a closely-watched battle over the landmark federal law. Read the full article at the Indianz.com website.
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
The Native American Training Institute will host the 18th annual North Dakota Indian Child Welfare and Wellness Conference, Feb. 12-14, at the 4 Bears Casino and Lodge, west of New Town. Learn more at the Minot Daily News website.
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
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
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
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.
December 18th, 2018 at12:00pm PT | 1:00pm MT | 2:00pm CT | 3:00pm ET (1.5 hours) More information and register at https://t.e2ma.net/message/yfr9cc/e0pis1
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
A 5-0 decision by the South Dakota Supreme Court says a man who admitted to killing his wife and is serving a life sentence in prison did not have his rights under a federal Indian adoption law violated when a Brookings judge awarded custody of his child to the slain mother’s brother and sister-in-law. Read … Read more
[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
Title: “Indian” as a political classification: Reading the tribe back into the Indian Child Welfare Act. Author:Elder, Allison Source:13 NW J. L. & Soc. Pol’y 410 (2018)
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
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
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
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
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
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
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
Legal Topics: Indian Child Welfare Act -Juvenile Court Jurisdiction Read the full decision at the National Indian Law Library website.
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
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
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
The United States will join four tribes defending the Indian Child Welfare Act against a district court ruling in Texas. The Department of Justice, with the Department of Interior and Health and Human Services, and their officials, filed a notice of appeal on Nov. 30 to the U.S. Court of Appeals for the Fifth Circuit, … Read more
The 18th Annual North Dakota Indian Child Welfare & Wellness Conference will be held February 12-14, 2019 at the 4 Bears Casino and Lodge. It is hosted by the Native American Training Institute. This year’s theme is “Families First: Keeping the ICWA Vision Alive”‘ Read more at the conference Facebook page.
A state circuit judge didn’t violate the federal Indian Child Welfare Act when she terminated a father’s right to his four-year-old son, the South Dakota Supreme Court has ruled. Read the full article at the KELO-LAND Media website.
“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
Despite a federal appeals court vacating a previous local ruling ordering Pennington County to change the way it runs its initial hearings for Native American child removal cases, the county isn’t planning on reverting back to its old practices. Read the article at the Rapid City Journal website.
Title: Tensions underlying the Indian Child Welfare Act: Tribal jurisdiction over traditional state court family law matters. Author: MacLachlan, Elizabeth Source: 2018 B.Y.U. L. Rev. 455 (2018)
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
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
The Eighth Circuit Court of Appeals in St. Paul has dismissed a lawsuit alleging that South Dakota officials violated the Indian Child Welfare Act. Read the story at the http://listen.sdpb.org/post/aclu-will-ask-eighth-circuit-reconsider-opinion-icwa-due-process.
Legal Topics: Indian Child Welfare Act Read the full decision at the National Indian Law Library website. Related News: ACLU will ask Eighth Circuit to reconsider opinion on ICWA, due process (SDPB Radio) 9/18/18, ICWA: 8th Circuit overturns federal ruling (SDPB Radio ) 9/17/18
Legal Topics: Indian Child Welfare Act – Notice Read the full decision at the National Indian Law Library website.
Title: Native American rights and adoption by non-Indian families: The manipulation and distortion of public opinion to overthrow ICWA. Author: Bual, Harman Source: 6 Am. Indian L. J. 271 (2018)
Title: Indian Child Welfare Act annual case law update and commentary. Author: Fort, Kathryn; Smith, Adrian T. Source: 6 Am. Indian L. J. 32 (2018)
Legal Topics: Indian Child Welfare Act – Constitutionality Related News Stories: Judge upholds Indian Child Welfare Act (Arizona Daily Sun) 8/7/18. Read the full decision at the National Indian Law Library website.
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
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
Title: Why try to change me now?: The basis for the 2016 Indian Child Welfare Act Regulations. Author: Ogle, Kasey D. Source: 96 Neb. L. Rev. 1007 (2018).
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.
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
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
See the following stories: Judge upholds Indian Child Welfare Act (Arizona Daily Sun) 8/7/18,Court rejects challenge to Native American law on adoptions (Arizona Republic) 8/7/18, and Appeals court won’t rule on challenge on Indian Child Welfare Act (Indianz) 8/7/18. Read the court decision at the National Indian Law Library website.
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.
A Grand Traverse Band Tribal Court judge soon will decide whether three children who have lived with their Traverse City foster parents since 2009 will stay with them or will be removed from the home. Read the full article at the Traverse City Record-Eagle website.
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
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
The Colorado Court of Appeals issued its opinion in People in Interest of I.B.-R. on Thursday, May 17, 2018. Read the case summary at the Colorado Bar Association website.
California Attorney General Xavier Becerra, leading a bipartisan coalition of Attorneys General, filed an amicus brief late last week in Brakeen et. al. v. Zinke to defend the federal Indian Child Welfare Act (ICWA). Read the full press release at the Attorney General’s website.
The Michigan Supreme Court ruled on Friday that the father of two American Indian children is entitled to withdraw his consent to terminate his parental rights because the adoption of his children has not yet been finalized… Read the full article at the Detroit Free Press website.
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
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
Legal Topics: Indian Child Welfare Act Read the full decision at the National Indian Law Library website.
Legal Topics: Indian Child Welfare Act – Termination of Parental Rights Read the full decision at the National Indian Law Library website.
Legal Topics: Indian Child Welfare Act – Application of Read the full decision at the National Indian Law Library website.
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
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
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
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
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
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
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
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
Native American tribes across Michigan will soon have access to certain state child protection records for children in tribes. Read the full article at the Morning Sun website. Read related article “Amended Child Protection Law Benefits Tribes” at The National Law Review website.
Since the passage of ICWA in 1978, the law has been labeled the “gold standard” for child welfare laws — and not just for Indian children. Policies created under ICWA have been adopted by some states to ensure that children are only removed from their homes as a last resort. To honor the children and … Read more
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
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.
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.
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.
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
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
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
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
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
Legal Topics: Indian Child Welfare Act – Placement Read the full copy of the decision at the National Indian Law Library website.
Legal Topics: Indian Child Welfare Act – Intervention Read a full copy of the decision at the National Indian Law Library website.
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
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
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.
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.
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
Legal Topics: Indian Child Welfare Act – Application Read the full decision at the National Indian Law Library website.
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
The National Council of Juvenile and Family Court Judges (NCJFCJ) has announced the release of the Indian Child Welfare Act Judicial Benchbook to improve court practice for judges in handling Indian Child Welfare Act (ICWA) cases.
Paxton filed a lawsuit Wednesday in federal district court arguing that the Indian Child Welfare Act (ICWA), which dates back to 1978, is unconstitutional and should be struck down. The lawsuit is on behalf of a non-Native American foster family from Texas that wants to adopt a Native American boy. Read the full article at the … Read more
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.
Two non-Indian parents filed a lawsuit in federal court to stop the state of Minnesota from transferring Indian child custody cases to tribes. Read the full article at Indianz.com.
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
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
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
Legal Topics: Indian Child Welfare Act – Intervention Read the full decision on the National Indian Law Library website.
Legal Topics: Indian Child Welfare Act – Notice Read the full decision at the National Indian Law Library website.
Legal Topics: Indian Child Welfare Act – Application of Read the full decision at the National Indian Law Library website.
Legal Topics: Indian Child Welfare Act – Notice Read the full decision at the National Indian Law Library website.
Legal Topics: Michigan Indian Family Preservation Act Read the full decision at the National Indian Law Library website.
Legal Topics: Indian Child Welfare Act – Expert Testimony Read the full decision at the National Indian Law Library website.
Margaret Jacobs, professor of history and director of the Women’s and Gender Studies Program at the University of Nebraska, Lincoln, won the Bancroft Prize for her book White Mother to a Dark Race, an investigation of the U.S. and Australian policies of breaking up indigenous families and removing children to be raised in boarding schools … Read more
Legal Topics: Indian Child Welfare Act – Termination of Parental Rights Read the full decision at the National Indian Law Library website.
Legal Topics: Indian Child Welfare Act – Expert Witnesses Read the full decision at the National Indian Law Library website.
Legal Topics: Indian Child Welfare Act – Termination of Parental Rights Read the full decision at the National Indian Law Library website.
The number of lawsuits alleging Mormon church leaders failed to protect children from sexual abuse has grown to include two more Navajos and a member of the Crow Tribe. Thousands of American Indian children, most of whom were Navajo, participated in a now-defunct church-run foster program from the late 1940s until around 2000. The program … Read more
“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
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
Under the Indian Child Welfare Act, parental rights can only be severed if it is found beyond a reasonable doubt that the children are at severe risk of harm. Testimony to this fact must come from expert witnesses, and under tribal law, it must be proven that an effort was made to keep children with … Read more
TAHLEQUAH — The Cherokee Nation announced a new foster care paid leave policy that is the first of its kind in Indian Country, and also one of the first in the state of Oklahoma, according to a news release. The new policy announced at the 2017 Cherokee Nation Employee Appreciation Day grants Cherokee Nation full-time … Read more
AKWESASNE — The St. Regis Mohawk Tribal Council and New York State Office of Temporary and Disability Assistance have signed a historic agreement to cooperate in providing child support services. The tribe’s Child Support Enforcement Unit became the first comprehensive tribal child support unit in New York in April 2014 and is also the only … Read more
Title: Escaping the ICWA penalty box: In defense of equal protection for Indian children. Author: Sandefur, Timothy Source: 37 Child. Legal Rts. J. 1 (2017)
Title: The waning of the Indian Child Welfare Act: How mediation may help save the act and preserve its original intent. Author: Wade, Alice Source: 18 Cardozo J. Conflict Resol. 829 (2017)
Legal Topics: Indian Child Welfare Act – Placement Read the full decision at the National Indian Law Library website.
Legal Topics: Indian Child Welfare Act – Transfer to Tribal Court Read the full decision at the National Indian Law Library website.
Legal Topics: Indian Child Welfare Act – Unconstitutional Related News Stories: Indian Child Welfare Act survives attack from conservative groups (Indianz) 3/21/17 (Turtle Talk material), ICWA: Goldwater case thrown out of federal court (Indian Country Today) 3/21/17 Read the full decision at the National Indian Law Library website.
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
Legal Topics: Indian Child Welfare Act – Application Read the full decision at the National Indian Law Library website.
Legal Topics: Indian Child Welfare Act – Notice Read the full decision at the National Indian Law Library website.
Legal Topics: Indian Child Welfare Act – Notice Read the full decision at the National Indian Law Library website. Related News Story: Colorado Court of Appeals: dependency and neglect court should have followed ICWA’s notice requirements (Legal Connection) 3/31/17
Legal Topics: Indian Child Welfare Act – Application Read the full decision at the National Indian Law Library website.
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
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
A coalition of California tribal governments, including two from the North Coast, say the state has taken a ‘monumental’ step toward addressing systematic failures to protect tribal civil rights in child custody cases. Read the full article at the Times Standard website.
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.
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
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
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
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
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
One might be surprised to know that the removal of Indian children from their families is still going strong, seemingly unabated. For example, in Pennington County, South Dakota, the state has removed more than 1,000 children from their Native American families since 2010. A 2013 class action lawsuit and a 2015 validation by Chief Federal … Read more
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 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
The Capacity Building Center of Tribes has just published a new 8 page ICWA Guide for Tribal Governments and Leaders. Read the announcement here. Download the guide.
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
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
Legal Topics: Indian Child Welfare Act – Termination of Parental Rights Read the full decision at the National Indian Law Library website.
Legal Topics: Indian Child Welfare Act – Private Severance Read the full decision at the National Indian Law Library website.
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
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.
In a case that has national implications for how state courts are supposed to conduct 48-hour custody hearings involving Native American children a federal judge has given one county in South Dakota very specific guidelines for how to conduct themselves. Read the full article at the Indianz.com website.
The U.S. Supreme Court declined on Monday to hear a foster family’s challenge to the adoption of their former foster daughter under the Indian Child Welfare Act. Read the full article at the ABA [American Bar Association] Journal website.
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
Title: Implementing and defending the Indian Child Welfare Act through revised state requirements. Author: Turner, Caroline M. Source: 49 Colum. J.L. & Soc. Probs. 501-549 (2016).
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
South Dakota and Pennington County officials must make changes in their handling of temporary custody hearings involving Native American children as the result of judgments issued Thursday by the U.S. District Court. Read the full article at the Rapid City Journal website.
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
“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
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
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
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
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
Read a full copy of the decision at the National Indian Law Library website. Legal Topics: Indian Child Welfare Act – Active Efforts
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
State and federal law protect the rights of Native American children even when one of their parents is not Indian. That’s the word today from the Washington state Supreme Court. Read the full article at the NW News Network website.
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
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
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
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
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
Read the full decision on the National Indian Law Library’s website.
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
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
Legal Topics: Indian Child Welfare Act – Transfer to Tribal Court Related News Stories: Important ICWA case out of Oklahoma on application and transfer to tribal court (Turtle Talk) 9/14/16 Read the full decision at the National Indian Law Library website.
Legal Topics: Indian Child Welfare Act – Transfer to Tribal Court Related News Stories: Gila River Indian Community weighs options after losing Indian Child Welfare Act case (Indianz) 8/15/16 Read the full decision at the National Indian Law Library website.
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
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
Local Native American tribes are creating their own child foster care system in response to problems statewide in implementing the Indian Child Welfare Act, put in place to ensure native children are placed in Tribal homes. The Yurok Tribe and Tolowa Dee-ni Nation are developing a Title IV-E program that would allow them federal funding … Read more
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.
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.
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
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
The courts in California have determined that the 1978 law applies to a Choctaw Nation girl who has been placed with relatives in Utah. But a non-Indian couple — aided by an attorney who has tried to weaken ICWA — has insisted on fighting. The battle will continue after the California Supreme Court on Thursday … Read more
Targeted News Service 2016/09/09 WASHINGTON, Sept. 10 — The Government Accountability Office has issued a report on the Department of Health and Human Services assistance to tribes in implementing the another planned permanent livin… Read the article here. Read the report here.
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
The state of South Dakota has been violating the due process rights of Indian parents and a provision of the Indian Child Welfare Act for decades ruled a federal judge last year and continues to violate them. Read more at the Indianz.com website.
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
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
Minnesota has more American Indian children in foster care than any other state, including those with significantly larger Indian populations, according to a Star Tribune analysis of federal and state data. Less than 2 percent of children in Minnesota are Indian, but they make up nearly a quarter of the state’s foster care population — … Read more
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.
Critics complain that ICWA is a race-based statute that improperly limits the options of Indian children based on their race. But no matter how you look at it, that’s just wrong. First, Indian status is not “racial” but rather “political” as a matter of law. The closest analogy to the Cherokee Nation is not a … Read more
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
When it was first passed into federal law nearly 40 years ago, the Indian Child Welfare Act was a beacon of hope for many in the Native American community who considered the legislation a civil rights victory. But a lack of compliance from child welfare agencies has led a tribal task force in California to find that neither the … Read more
Dear Tribal Leader: We would like to invite you and/or your child welfare designee to trainings on the recently published final regulations governing the Indian Child Welfare Act (ICWA). The final ICWA rule was published in the Federal Register on June 14, 2016 (see 81 Fed. Reg. 38778), and takes effect on December 12, 2016. … Read more
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)
Title: American Indian children and U.S. policy Author: EagleWoman, Angelique; Rice, G. William Source: University of New Mexico Tribal Law Journal Vol. 16, p. 1-29 (2016)
Title: In the name of the child: race, gender, and economics in Adoptive Couple v. Baby Girl Author: Berger, Bethany R Source: 67 Fla. L. Rev. 295 (2016)
Legal Topics: Michigan Indian Family Preservation Act; Indian Child Welfare Act Read the full decision at the National Indian Law Library website.
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
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
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
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.
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
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
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
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
Legal Topics: Indian Child Welfare Act – Expert witnesses Read the full decision at the National Indian Law Library website.
Legal Topics: Indian Child Welfare Act – Juvenile Dependency Appeals Read the full decision at the National Indian Law Library website.
Imagine a foster child finally getting a permanent home, but having to leave her friends and teachers behind to make that happen. Upturning one part of a child’s life to create stability in another part happens too often with foster children. We owe it to Alaska children in foster care to make their transition back … Read more
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
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
Legal Topics: Indian Child Welfare Act – Parental Rights Read the full decision at the National Indian Law Library website.
Legal Topics: Indian Child Welfare Act – Foster Care Supervision Read the full decision at the National Indian Law Library website.
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
Legal Topics: Indian Child Welfare Act – Application of Read a full copy of the decision at the National Indian Law Library website.
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
Title: Indian Children and the Federal-Tribal Trust Relationship Author: Fletcher, Matthew L. M.; Singel, Wenona T. Source: Michigan State University College of Law (April 2016)
Woodbury County has too few foster homes to care for a steady population of Native American children, a state panel heard Friday. Read the full article at the Sioux City Journal website. Read a related article at the SFGate website.
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
In the United States, Native American children were torn from their tribes and families and forced to assimilate into white culture for decades. The upcoming documentary “Dawnland” explores the harm these policies created and how some of these practices still persist today. Watch the trailer at the Business Insider website.
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 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
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
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
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
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
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.
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
The Native American Law Student Association (NALSA) at the University of South Dakota School of Law will hold its Indian law symposium March 30-31 entitled “The Indian Child Welfare Act: Old and New Challenges.” The free event in the law school courtroom is open to the public. Find more information at the University of South … Read more
On Monday, March 21, pandemonium broke out in Santa Clarita, California, at the home of foster couple Summer and Russell Page as social workers from the Department of Children and Family Services arrived to pick up a 6-year-old girl who was being held by the couple in defiance of a court ordering her returned to … Read more
On Friday, February 19, Viken denied South Dakota’s motion to reconsider a prior decision, holding that the state violated the ICWA and denied Native parents their constitutional rights. Read the full article at the People’s World website.
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
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
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
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
Legal Topics: Indian Child Welfare Act – Designated Indian Custodian Read the full decision at the National Indian Law Library website.
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
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
Legal Topics: Indian Child Welfare Act – Best Interest of the Child Read the full decision at the National Indian Law Library website.
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
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
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
A federal judge on Friday questioned the legality of statutes that give tribal courts the right to decide adoption and foster care placement of Native American children who have never lived on the reservation. Read more at the Verde Independent website.
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
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
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
Legal Topics: Indian Child Welfare Act – Notice Read the full decision at the National Indian Law Library website.
U.S. Bureau of Indian Affairs officers escorted two children off an American Indian reservation in Montana where their grandmother brought them amid a custody dispute, bringing the federal government into a clash between state and tribal courts. Read the full story at the ABC News website.
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
SAULT STE. MARIE, Mich. (AP) — An organization designed to improve links between tribal, state and federal courts is focusing on American Indian child welfare and domestic violence crimes during a two-day gathering. Read more about last week’s meeting at the San Francisco Gate website and the Michigan Lawyers Weekly website.
Wyandotte Nation hosted all nine Oklahoma Indian nations for a workshop to recruit native families to become foster families for native children. Read more at the KOAM-TV website.
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
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
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
Legal Topics: Indian Child Welfare Act – Termination of Parental Rights, Drug Abuse Read the full decision at the National Indian Law Library website.
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
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
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
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
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
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
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
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
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
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.
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
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
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
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
In re A.C. v. Michael C. D066943 Court of Appeal, Fourth District, Division 1, California Filed August 17, 2015. Legal Topics: Indian Child Welfare Act – Termination of Parental Rights Read the full decision at the National Indian Law Library website.
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
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
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 (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
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
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
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
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
Aug. 4, 2015 – Senator Jon Tester, a former teacher and Vice Chairman of the Indian Affairs Committee, today is introducing a bill that will help recruit and retain more teachers in Indian Country to eliminate the teacher shortage that is widening the achievement gap for Native American students. See the full press release at … Read more
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
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
The federal Administration for Children and Families has awarded a $980,514 grant to the Head Start early child education program operated by the Suquamish Tribe. Suquamish Head Start will receive $980,514 a year for five years. Read more at the North Kitsap Herald website.
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
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
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
The announcement of A.D., et al. v. Washburn by the conservative group known as the Goldwater Institute comes with a bitter deja vu of “haven’t we heard this before?” I’ve got a few things that I can say are wrong with the pleadings filed by Goldwater on behalf of minor American Indian children, “next friend,” and … Read more
“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
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
“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
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
Legal Topics: Indian Child Welfare Act – Termination of Parental Rights Read the full decision at the National Indian Law Library website.
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
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
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
Doe and Doe v. Jesson 2015 WL 4067170 Civil No. 15–2639 (JRT/SER) United States District Court, D. Minnesota Signed July 2, 2015. Legal Topics: Adoption, Indian Child Welfare Act – Notice, Tribal Enrollment Read the full decision at the National Indian Law Library website.
Title: The Indian Child Welfare Act’s waning power after Adoptive Couple v. Baby Girl Author: Kruck, Kathleena Blue book cite: 109 Nw. U. L. Rev. 445 (Winter 2015)
Title: Tribal rights, South Dakota class action highlights violations of the Indian Child Welfare Act Author: Laird, Lorelei Blue book cite: 101-MAY A.B.A. J. 15 (May 2015)
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.
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
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
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
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
Title: In the name of the child: race, gender, and economics in Adoptive Couple v. Baby Girl Author: Berger, Bethany R Cite: 67 Fla. L. Rev. 295-362 (2015)
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.
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
A local Native American couple wishing to place their newborn with a non-native family has filed a federal lawsuit challenging the constitutionality of Minnesota’s adoption law, which they say could hinder their ability to make that decision. Read the full article at the Duluth News Tribune website.
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
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
The Turtle Talk blog has posted the legal complaint filed by the National Council for Adoption on May 27, 2015 regarding the new Bureau of Indian Affairs Indian Child Welfare Act Guidelines. See a copy of the court filing at the Turtle Talk website.
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
Legal Topics: Indian Child Welfare Act – Termination of Parental Rights Read the full decision at the National Indian Law Library website.
Synopsis provided by Westlaw: After mother assigned her right to recover benefits paid by state for Indian child, the state sought to impose future child support obligation on father, and to recover a judgment for support expended to mother on behalf of child. The District Court, Rolette County, Michael G. Sturdevant, J., denied purported father’s … Read more
A 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.
Throughout the day, one after the other, witnesses on both sides had pulled back and forth in a tug-of-war regarding perhaps the most seminal issue confronting American Indian tribes in the 21st century: The right to raise their own children in their home communities. The debates at the public hearings reopened old grievances and unhealed … Read more
Chief Justice David Gilbertson issued an order this week removing Judge Jeff Davis as presiding judge of the 7th Circuit, a position the 67-year-old Davis had held since 2006. Read the full article at the Capital Journal website.
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
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
U.S. Rep. John Kline, R-Minn., will be chairing a House Education and the Workforce Committee hearing Thursday to examine the federal government’s mismanagement of Native American schools, including in northern Minnesota, according to a release from his office. Read the full article at the Bemidji Pioneer website.
[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
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
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
“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
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
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
Four South Dakota tribes have applied for federal planning grants to help establish their own child and family services programs. Read more at the Rapid City Journal website.
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
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
“With the Indian Child Welfare Act, we can look at the glass as half-empty or half-full,” said Dr. Diane Hammons, assistant professor of criminal justice at NSU. “We can say we’ve made strides and come a long way, or we can say there is still a lot of work to be done. There are a … Read more
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
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
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
Gov. Doug Ducey has signed a bill that makes all children living on Indian reservations qualified for private school vouchers. Learn more at the Education Week website.
The USDA says the tribe will help feed children through the At-Risk Children’s Feeding Program on the campus of the Chickasaw Nation Medical Center in Ada. A child who is examined or has a routine appointment at the medical center is provided a nutritious, healthy meal if the child is hungry. Learn more at the … Read more
“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
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
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
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
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
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
Legal Topics: Indian Child Welfare Act – Transfer of Proceedings Read the full decision at the National Indian Law Library website.
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
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
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
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
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
“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
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
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
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
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
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
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
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
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
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
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
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
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
Legal Topics: Indian Child Welfare Act – Placement Read the full decision at the National Indian Law Library website.
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
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 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.
JUNEAU, Alaska – Alaska Supreme Court Chief Justice Dana Fabe stressed the importance of collaboration with tribal courts and the need to maintain rural access to the court system during her annual address to lawmakers… Read the full article at the Fairbanks Daily News-Miner website.
Genocide is not too strong a term for what is now happening in South Dakota. The huge, shocking violation of legal and human rights being carried out by the state is tantamount to genocide against the Native American nations, the Lakota, Dakota and Nakota Sioux, residing within its borders. It is the abduction and kidnapping … Read more
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.
U.S. Senators Heidi Heitkamp (D-ND) and Lisa Murkowski (R-AK), recently re-introduced their comprehensive bi-partisan plan to find solutions to the complex challenges facing Native American children throughout Indian country. Read the full article at the Indian Country Today website.
Every parent of color hopes that their children will grow up without exposure to the brutality of racism and other forms of social injustice. That is the promise we hold when we give birth to them and first grasp their tiny hands and look into their eyes as parents. Few parents of color, however, are … Read more
The Cherokee Nation recently donated $15,000 to the Murrow Indian Children’s Home in Muskogee to help the nonprofit provide essential care for Native youth. Read the full article on the Tahlequah Daily Press website.
The Sisseton Wahpeton Oyate of South Dakota filed an Indian Child Welfare Act notice in a custody case in Omaha, Nebraska. Three Indian children are in temporary foster care after a three-year-old girl was found alone on the street… Read the article at Indianz website.
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.
Enrollment in the Citizen Potawatomi Nation is based on descendancy only. A biological parent must be an enrolled member for the applicant to be eligible to become a Tribal citizen. The application process is very simple, but it must be filled out completely and a birth certificate is needed to confirm descendency. Copies are not … Read more
Four books dealing with Native history that were supposed to be introduced during the spring semester have been taken off the elementary-school curriculum in Juneau in the wake of concerns about their accuracy and sensitivity… Read the full article at Indian Country Today website.
President Obama’s budget request will include $1 billion for American Indian schools next year, including millions of dollars to renovate crumbling buildings and connect remote classrooms via broadband Internet… Read the full article at the Washington Post website.
A Seattle elementary school teacher and a University of Washington researcher testified Tuesday before Congress on the federal education law known as No Child Left Behind, as lawmakers consider how to revise the framework for public… Read the full article at the SFGate website.
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
It’s not by choice. The girl’s mother, Tricia Taylor, is accused of taking the child and her 7-year-old sister from Fargo last August to the Cheyenne River Indian Reservation in South Dakota. Taylor w… Read the full story in the Grand Forks Herald.
U.S. Sen. Heidi Heitkamp, D-N.D., reintroduced a bill Thursday to address problems faced by Native American children. The bill, which has 22 supporters, would create a national Commission on Native Am… Read the full article in the Grand Forks Herald.
Brandon Indian Residential School students in 1946. (Library and s of Canada) Canada’s residential schools for aboriginal children were places of hunger, isolation and misery. Children as young as 3… Read the full article at the Washington Post website.
Hon. John Hoeven, R-N.D., has introduced legislation (S. 184) to amend the Indian Child Protection and Family Violence Prevention Act to “require background checks before foster… Read the full article at Bloomberg BNA website.
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.
The National Indian Child Welfare Association (NICWA) Board of Directors welcomed Sarah Kastelic as new executive director of the organization this week. Dr. Kastelic has served NICWA as both chief of staff and deputy director for the past four years. She assumes the role as part of a carefully designed succession and leadership transition plan. … Read more
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
“This is preservation of our identity, that’s who we are,” said Angela Peters, interim director of language revitalization for the Saginaw Chippewa tribe. “Once we revitalize our language, we revitalize our cultural teachings.” Read the full story at the Port Huron Times-Herald website.
The chief of the Choctaw Nation of Oklahoma has confirmed ancestry of a baby born earlier this month in Columbia and given to another family for possible adoption, a prominent Choctaw and former U.S. Senate candidate Matt Silverstein said in an interview last week… Read the full article at the Columbia Daily Herald website.
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
He was a world-famous medicine man, a traditional healer and spiritual leader. Followers would travel long distances to this tiny hamlet on the Great Plains to be in his presence and pray in the darkness with him in a sacred sweat lodge… Read the full article in the Washington Post.
In June of this year, President Barack Obama and the First Lady visited the Standing Rock Sioux Indian Reservation in North Dakota. This was a historic visit. He was only the fourth sitting president… Read the full article at the Wahpeton News website.
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
“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
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
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
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
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.
Why applying the Indian Child Welfare Act is worth the hassle. Kane, Julie Sobotta, 57-OCT AdvocateIdaho 28 (October 2014) After practicing for many years in the area of Indian Law, I often heard complaints about the application of the Indian Child Welfare Act (ICWA) in child protection cases…. Read the full article here.
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
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.
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
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
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
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
The removal of indigenous children from their cultures by colonial governments is recognized by the United Nations as a form of cultural genocide. The trauma is recognized, pervasive, and long term. Yet the practice continues in the United States despite federal laws designed to end it. It would seem that the routine removal of Native … Read more
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
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
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
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
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
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
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
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
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
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
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
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
The Nebraska Supreme Court ruled Friday that a lower juvenile court erred in failing to apply a federal law that seeks to prevent the removal of Native American children from their homes to a Nebraska case involving three Native American children. Read the full article at the Journal Star website. Read more about the lower … Read more
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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 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
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
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
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
[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
Increase the depth of your understanding of the Indian Child Welfare Act of 1978. Take the National Indian Child Welfare Association’s online ICWA training course at your own pace. The provisions of ICWA are explained in non-legal language and presented in the order in which a child welfare worker might encounter them in an ICWA … Read more
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
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
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
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
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
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
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
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
Indian Child Welfare Act of 1978: A Court Resource Guide This court resource guide was written by a special committee formed by the Michigan Supreme Court to help Michigan judges learn about the federal Indian Child Welfare Act of 1978, the need for states to comply with the Act, and discuss its implementation in Michigan. … Read more
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 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
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
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 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
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
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
The American Civil Liberties Union (ACLU) has included South Dakota’s persistent and alleged illegal seizure of Lakota children in a report it is scheduled to present to the United Nations in Geneva, Switzerland in August. Read the full story at the Indian Country Today website.
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
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
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
[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
Alaska SCT Rules that State Courts Must Give Full Faith and Credit to Tribal Courts in ICWA Cases. Visit the Turtle Talk blog post for information about the Simmonds v. Parks case.
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
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
The past 11 months have been long, hard months for a Rosebud Sioux mother named Audre’y Eby. Last August, she picked up her twin 16-year-old sons from her ex-husband’s Iowa residence to bring them to visit her home in western Nebraska, and she discovered that the special-needs boys — one is blind and autistic, and … Read more
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.
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
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
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
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
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
Here is text from the 2014 Advisory Committee regarding ICWA from the Turtle Talk blog. “With respect to [Rule 34.03] subdivision 1(j) and (l), in cases where the application of the Indian Child Welfare Act (ICWA) is unclear, such as when it is not yet known whether the child is or is not an Indian … Read more
Three-year-old Elle was cleared to be adopted by her foster parents, and then was removed and placed with her uncle. See related articles at the KING website: Foster Child Adoption Halted Over Tribal Ties and Foster Child’s Uncle: ‘We Wanted Her All Along’
Statistics highlight the magnitude of the problem. Although they represent 1% of the U.S. population, Native American juveniles represent 2% to 3% of youth arrests in categories such as theft and alcohol possession. Similarly, they are committed to adult incarceration at a rate 1.84 times that of whites and are placed under the jurisdiction of … Read more
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
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
Text from the court opinion: “Respondent mother argues on appeal that the trial court erred when it failed to determine, on the record, the Native American heritage of the minor child and erred by not complying with the terms of the Indian Child Welfare Act (ICWA), 25 USC 1901 et seq., after the court was … Read more
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
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
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
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
Columbia Gorge CASA, in partnership with the Oregon Department of Human Services, is hosting a community training about ICWA June 25, from 2 to 4:30 p.m. at Water’s Edge in The Dalles. Participants will learn about the history of ICWA; Oregon tribes and culture; and the legal parameters and application of ICWA within the child … Read more
(Portland, Ore., June 10, 2014)—National Indian Child Welfare Association (NICWA) Deputy Director Sarah Kastelic, Ph.D., was named the 2014 recipient of the Independent Sector American Express NGen Leadership Award today. In announcing the award, Independent Sector cited Kastelic’s role as “a transformational leader working to further policy research that empowers American Indian and Alaska Native … Read more
When completed, the 26,000-square-foot Ardmore Early Childhood Development Center will provide educational opportunities for more than 200 Chickasaw children and non-Native children, from 6 weeks to 4 years old, in the Ardmore area. Read more about this project at the Indian Country Today Media Network website.
NICWA just announced a new webinar to be held in July, Enhancing Basic Skills for Tribal Child Welfare Workers: New to tribal child welfare? Want to brush up on your tribal child welfare skills? Want to know if your program is following best practices in tribal child welfare? This webinar series is geared toward tribal … Read more
Laguna Pueblo’s community programs, ranging from early childhood programs to assistance to military veterans, are now under the umbrella of the newly created Laguna Community Foundation, a nonprofit that will oversee their funding and provide needed guidance. “We decided to bring all of our programs under one entity rather than have them split up,” said … Read more
The federal government recently took a look at how American Indian children are faring in public schools—and the results are disturbing. Read the full article at Indian Country Today Media Network and see the data snapshot, School Discipline, Restraint, & Seclusion, released by the U.S. Department of Education Office for Civil Rights.
From the Children’s Bureau website: Throughout history, many American Indian and Alaska Native communities have experienced intrusive research and judgmental evaluations that have caused harm. As a result, many fears about evaluation persist. Based on the efforts of a Children’s Bureau-sponsored workgroup of experts, this video introduces a vision for the future of Tribal child … Read more
PHOENIX, May 29 — Arizona Democratic legislators issued the following news release: Rep. Albert Hale, D-St. Michaels (District 7), worked with Sen. Carlyle Begay, D-Ganado (District 7), and Rep. John Kavanagh, R-Fountain Hills (District 23), to ensure language requiring compliance with the federal Indian Child Welfare Act was added to recently passed legislation that will … Read more
May 21, 2014: During a Senate Committee vote today, U.S. Senator Heidi Heitkamp’s bipartisan bill to create a Commission on Native Children overwhelmingly passed – the final step before the bill goes to the full Senate. Since the bill was introduced a few months ago, Heitkamp has worked to build strong support for it. The … Read more
White Earth tribal officials are preparing to begin the final phase of transferring human services cases from surrounding counties to the White Earth Nation. The movement began three years ago when a state law authorized White Earth to take control of all human services programs for its members and their families. See the full article … Read more
The state of South Dakota has forcibly removed our Lakota children from their tribes for 150 years. The Indian Child Welfare Act continues to be violated daily. Lakota leaders agree on the best permanent solution to this crisis: a Lakota-run foster care and family service system. I am writing here today to urgently request that … Read more
A total of $4 million is available for grants to eligible entities, including the Indian Health Service (IHS), Tribes and Tribal organizations operating health programs under the Indian Self-Determination and Education Assistance Act (ISDEAA) (P.L. 93-638, as amended), and Urban Indian organizations operating health programs under title V of the Indian Health Care Improvement Act … Read more
By the end of the month, attorneys representing Native American families and two tribes in a federal child welfare case will know more about what happened during hearings that gave the Department of Social Services temporary custody of children. Read the full article at the Rapid City Journal website.
A 1938 law sweeps American Indian and Alaska Native youth into the federal criminal justice system when they commit anything beyond misdemeanor crimes. Although American Indians comprise little more than 1 percent of the nation’s population, one 10-year study found that at any given time 43-to-60 percent of juveniles held in federal custody were American … Read more
At a hearing of the Senate Indian Affairs Committee this week, Senator John Hoeven pressed Assistant Secretary of Indian Affairs Kevin Washburn to do everything in the agency’s power to get to the bottom the recent death of an infant on Spirit Lake reservation. Read more about the hearing at Senator Hoeven’s website. Read more … Read more
The Osage Nation Social Services and Delaware Tribe ICW will host the 2014 Tribal Foster and Adoptive Family Recruitment Fair from 9:30 a.m. to 2 p.m. May 3 at the Delaware Community Center, located at 170 NE Barbara in Bartlesville. Fourteen tribes, two Department of Human Services offices and two DHS vendors will be on … Read more
A Miami appeals court says a custody dispute between a Miccosukee mother and non-Indian father should remain in state court, not tribal court. The decision Wednesday by the Third District Court of Appeal marks the first time a Florida appeals court has agreed to strip the authority of tribal court judges in a child custody … Read more
Casey Family Programs has posted the position of Senior Director Indian Child Welfare. Learn more and apply at http://www.recruitingcenter.net/clients/casey/publicjobs Casey Family Programs, an Equal Opportunity Employer, is a national operating foundation that provides and improves – and ultimately prevents the need for – foster care. We value a diverse and culturally competent workplace. Job Summary: … Read more
Jeri Williams [is] a member of the Klamath tribe and is a survivor of human trafficking. Williams has made it part of her life’s work to help others overcome the challenges she has faced. … She’s testifying … before U.S. Attorney General Eric Holder’s Task Force on American Indian and Alaska Native Children Exposed to … Read more
[Montana U.S. Attorney Michael] Cotter and D-o-J’s Administrator of the Office of Juvenile Justice and Delinquency Prevention, Robert Listenbee, discuss the scourge of violence on some tribal communities and what’s being done about it. Listen to the interview at the Montana Public Radio website.
The new grant will focus on engaging families and kin groups in the child’s educational process. “Education in tribal communities used to be very integrated with the socialization of children, teaching children how to be within a family and a community,” said Crazy Bull. “Over the years, families have lost that role, … but we’re … Read more
According to their website, the National Child Welfare Institute’s (NCWWI)… … purpose is to increase child welfare practice effectiveness through diverse partnerships that focus on workforce systems development, organizational interventions, and change leadership, using data-driven capacity building, education, and professional development. NCWWI’s workforce development activities promote… Learning: Fostering continuous learning that is interactive, reflective and … Read more
This on-going series from the Indian Country Today Media Network examines Oglala Sioux Tribe v. Van Hunnik, which charges South Dakota State and local Pennington County officials with violating the rights of Indian parents and tribes in child custody proceedings. Although the State of South Dakota appeared to be flagrantly operating outside the scope of the … Read more
Notwithstanding setbacks like the Baby Girl decision, we will continue to stand up for ICWA because, as we said in the Supreme Court, it’s “a classic implementation of Congress’s plenary [trust] responsibility . . . for Indians.” You see, for us, standing up for ICWA means standing strong for tribal sovereignty. “Nothing could be more … Read more
Synopsis from Westlaw: Mother’s and father’s parental rights were terminated by District Court of Burleigh County, South Central Judicial District, Sonna M. Anderson, J., and they both appealed. Holding from Westlaw: The Supreme Court, Sandstrom, J., held that: (1) judicial referee’s fact findings were subject to Supreme Court review for clear error; (2) children remained … Read more
Synopsis provided by Westlaw: Department of Health and Social Services, Office of Children’s Services (OCS), took emergency custody of three children and petitioned to terminate mother’s parental rights. The Superior Court, Fourth Judicial District, Fairbanks, Douglas Blankenship, J., denied mother’s motion to join grandmother, and grandmother’s motion to intervene as the children’s Indian custodian. Grandmother … Read more
Synopsis provided by Westlaw: Department of Public Health and Human Services filed petition for legal guardianship, seeking to award guardianship of Indian child, who had been adjudicated a youth in need of care, to foster parents. The District Court, 20th Judicial District, Lake County, Deborah Kim Christopher, J., granted petition. Child’s father appealed. Holdings provided … Read more
Port Gamble S’Klallam Tribe Children & Family Services in collaboration with Casey Family Programs invite you to attend a webinar: “IV-E 101” Port Gamble S’Klallam Tribe was the first tribe in the United States to be approved to receive direct Title IV-E funds. In this webinar, Port Gamble representatives will give an overview of the … Read more
Baby Veronica’s birth mother has filed a voluntary dismissal of a federal lawsuit against the Cherokee Nation and the U.S. government, which requested that parts of the Indian Child Welfare Act be declared unconstitutional, attorneys in the case announced Tuesday. Read the full article at the Tulsa World website and related articles at Indian Country … Read more
2014-2015 Training Institute Dates ! September 8-10, 2014 – Portland, Oregon -ICWA Basics -Advanced ICWA -Positive Indian Parenting December 1-3, 2014 – San Diego, California -ICWA Basics -Advanced ICWA -Positive Indian Parenting April 23-24, 2015 – Portland, Oregon -ICWA Basics -Positive Indian Parenting ICWA Basics will be taught as a two-day course covering the basics of the … Read more
While the state of North Dakota has long required background checks for foster parents and other adults in foster homes, that’s not necessarily been the case on the state’s American Indian reservations, something Sen. John Hoeven, R-N.D., said he hopes to change. Read the full article at the Jamestown Sun website.
Four judges in Rapid City say a federal judge went too far in requiring them to sign orders to produce transcripts. Their response, filed this weekend in federal court in Rapid City, is the most recent action in an ongoing lawsuit claiming violations of the Indian Child Welfare Act and the 14th Amendment in Pennington … Read more
The American Bar Association Commission on Domestic & Sexual Violence, in collaboration with the United States Department of Justice (DOJ), Office on Violence Against Women, is pleased to present a two-day training, The Fundamentals of Representation of Victims of Domestic & Sexual Violence from Tribal Communities, on May 15-16, 2014 in Minneapolis, MN. This interactive, … Read more
A federal judge wants to know why some South Dakota state judges are refusing to turn over transcripts in Indian Child Welfare Act cases. As part of a lawsuit filed by the Oglala Sioux Tribe and the Rosebud Sioux Tribe, the state agreed to provide the transcripts. The transcripts are needed to determine whether Indian … Read more
Protecting the rights of indigenous and multicultural children and preserving their cultures in fostering and adoption. Mark Anderson. Volume 52 Family Court Review, page 6. (2014) Article excerpt: This article examines transracial/cultural placement of children for fostering and adoption as discussed within the context of expert evidence in applications for permanent placement. Transracial/cultural placement raises the … Read more
The Association on American Indian Affairs, with support from Casey Family Programs, recently released their report, A Survey and Analysis of Select Title IV-E Tribal-State Agreements including Template of Promising Practices. From the report: This report provides a detailed analysis of Title IV-E tribal-state agreements, which includes an overall summary of the status of current … Read more
In response to a March 9, 2014 article in the Washington Post, “The hard lives — and high suicide rate — of Native American children on reservations,” the National Indian Child Welfare Association (NICWA) provided background information to reporter Sari Horwitz about child mistreatment statistics related to American Indian and Alaska Native children. The statement … Read more
Thursday (March 13), the United States Senate passed the bipartisan Child Care and Development Block Grant Act of 2014, legislation that includes Senator Mazie K. Hirono’s measures for Native Hawaiian children. The bill updates and improves the Child Care Development Block Grant (CCDBG) program created in 1990, which provides states with federal funding to help … Read more
Looking back at the Baby Veronica case, Pata said, “Everyone believed the case was strong, not just on the ICWA side, but this was a military man who had certain protections, but it wasn’t. This child was being removed from a white religious family and was going back to an Indian family, which no one … Read more
[T]he silence that has shrouded suicide in Indian country is being pierced by growing alarm at the sheer number of young Native Americans taking their own lives — more than three times the national average, and up to 10 times on some reservations. Read the full article at the Washington Post website. Read the statement … Read more
Ft. Duchesne-Hosted by the Ute Tribe Conference Presentations will focus on the theme Our Culture, Our Children, Our Children , specifically: •Trends in Indian child welfare and what specifically can be done to make a difference. •A practical application of the Indian Child Welfare Act and the child’s best interest. •What happens when a child … Read more
The Substance Abuse and Mental Health Services Administration (SAMHSA), Center for Substance Abuse Treatment, is accepting applications for fiscal year 2014 Grants to Expand Substance Abuse Treatment in Adult Tribal Healing to Wellness Courts and Juvenile Treatment Drug Courts. The purpose of this program is to expand substance abuse treatment services in existing adult Tribal Healing … Read more
Date: 02/26/2014 02:30 PM Type: Oversight Hearing Watch the video of the hearing at the Senate website (coverage begins at 10:15 of the video). Panel 1 Ms. Linda K. Smith Deputy Assistant Secretary and Inter-Departmental Liaison-for Early Childhood Development, Administration for Children and Families, U.S. Department of Health and Human Services, Washington, DC View Testimony … Read more
Thursday, April 24, 2014 Alabama-Coushatta Reservation, Texas Protecting our Children and Families… Moving Toward a Healthy and Vital Community Through Tribal-State-Federal Collaboration Topics include: ICWA: IN THE WAKE OF BABY VERONICA Facilitator: Cheryl D. Fairbanks, Attorney and Tribal Justice SPEAKER: Chrissi Ross Nimmo, Assistant Attorney General, Cherokee Nation ANNOUNCEMENT OF THE NATIONAL INDIAN CHILD WELFARE … Read more
Kristen Carpenter and Lorie Graham have contributed a chapter in the forthcoming Indigenous Rights In International Law (Kirchner and Policastrin, Eds.). It looks at the international human rights issues raised by the Supreme court’s decision in Adoptive Couple v. Baby Girl. Abstract: The well-being of indigenous children is a subject of major concern for indigenous … Read more
Social workers have come from all over the state to try to find ways to keep Indian children out of the foster care system. Statistics indicate that they are removed from their homes three times as often as non-Indians. Watch the video clip and read the transcript at the KFYR website.
About 75 people attended the all-day hearing at Talking Stick Resort near Scottsdale. It was the second of four across the country to secure testimony and information so the task force can generate policy recommendations for Attorney General Eric Holder. In December, the committee was in Bismarck, N.D. The final two hearings are scheduled in … Read more
The task force would meet to study child sexual abuse in South Dakota and suggest ways the state could improve its policies for dealing with the problem. … The task force would include a victim, law enforcement, medical and mental health experts, child advocates and a tribal representative with experience on the issue. Read the … Read more
ICWA Facts and Fiction is a new publication of the National Council of Juvenile and Family Court Judges (NCJFCJ). Visit the NCJFCJ website for a copy of this resource published in December, 2013. See also other related NCJFCJ publications. The Tribal Judicial Leadership Group, coordinated by the NCJFCJ and Casey Family Programs, and comprised of tribal … Read more
Nebraska has the third-highest rate of Native children in foster care, said Lincoln Sen. Colby Coash, who introduced the Nebraska bill on behalf of the State-Tribal Relations Committee. . . . His bill would require state agencies to reach out to all tribes from which a Native child may be descended when a child who … Read more
The 2014 FBA Indian Law Conference includes this panel: Thursday, April 10, 2014 – Morning Session PANEL 1. BABY VERONICA – TEXTING PATERNITY AWAY AND BRINGING ICWA INTO 21ST CENTURY Natalie Landreth, Senior Attorney, Native American Rights Fund (Moderator) Anita Fineday, Director, Casey Family Program, Indian Child Welfare Program Heather Kendall-Miller, Senior Attorney, Native American … Read more
There appears to be a lot of interest in a new kind of court in Washtenaw County. More than 80 lawyers, mediators, and probation officers packed Judge Timothy Connors’ courtroom on Friday. They were there for a six-hour education session on the Native American philosophy that guides the new peacemaking court…. Read the full story … Read more
Several prominent Native American groups on Monday called for the Justice Department to investigate the treatment of Indian children in public child-welfare systems and private adoptions. In a letter presented to government officials in… Read more at the New York Times website and see the National Indian Child Welfare Association press release.
A federal court has ruled that a lawsuit charging state and local officials with violating the rights of Indian parents and tribes in state child custody proceedings can go to trial. The American Civil Liberties Union filed the lawsuit in March 2013 along with the ACLU of South Dakota and Dana Hanna of the Hanna … Read more
PORTLAND, Ore. (AP) — A study shows many tribal children do poorly in Oregon public schools, in part because they’re frequently absent and their schools often show up at the bottom of state rankings. The study was paid for by the Spirit Mountain Community Fund, the philanthropic arm of the Confederated Tribes of Grand Ronde. Read the … Read more
Synopsis provided by Westlaw: “Department of Human Services moved to appoint Indian child’s current foster parent as child’s legal guardian. The Circuit Court, Klamath County, Cameron F. Wogan, J., granted motion. Mother appealed.” View the decision at the National Indian Law Library website.
Excerpt from the opinion: “Yolanda W., formerly known as Yolanda O., appeals from the decision of the separate juvenile court of Lancaster County, which denied her motion to transfer the termination of parental rights proceeding in this juvenile case to tribal court. Because we find that the State failed to establish good cause to deny … Read more
Synopsis provided by Westlaw: “After tribal court awarded custody of Native American child to his Native American maternal grandmother, State brought action against child’s non-Indian father, seeking an adjudication of paternity, an award of future child support, and an order requiring father to reimburse State for public assistance provided to child’s grandmother. The District Court, … Read more
“Without a doubt our people, especially our youth, are the tribe’s most valuable asset,” said Cherokee Nation Principal Chief Bill John Baker. “This new Cherokee Nation law will give our tribal sovereign government and our hard-working ICWA staff an additional tool to protect our people and ensure Cherokee children have the opportunity to live in … Read more
An Allendale County Indian tribe, the Yamassee Nation, scored somewhat of a victory in court Monday afternoon. A family court judge determined a Philadelphia County court order demanding the tribe surrender a 2-year-old child has no legal standing in South Carolina. Read the full article at the Channel 12 WRDW website.
His two girls had been taken by their mother, Heather Shepard, to the Rosebud Sioux Reservation in October in violation of McNutt’s legal custody of the children. Despite a warrant issued for Shepard’s arrest, state law enforcement officers could not intervene since the children were on reservation land. But, sovereignty issues were swept aside by … Read more
[T]wo federal lawsuits [were] filed December 18 by the American Civil Liberties Union of Northern California against two Humboldt County School Districts—Eureka City and Loleta Union—that accuse school officials of perpetuating systemic physical, emotional and sexual abuse of Native American and African-American students. … “This lawsuit was really a last resort,” Nelson said. “It’s been … Read more
Indian Child Welfare Act — Termination of Parental Rights —Adoptive Couple v. Baby Girl 127 Harvard Law Review 368 (November 2013) In the decades leading up to 1978, large numbers of Indian families were broken up through forced adoption or foster-care placement of Indian children, usually in non-Indian homes.1 To stem this “wholesale removal of … Read more
From the website: “The State of Alaska Department of Health & Social Services (DHSS), Office of Children’s Services (OCS) strongly supports the Indian Child Welfare (ICWA) and continues to build federal ICWA mandates into all levels of OCS Child Welfare. We continue to develop postive collaborative and communicative partnerships with all Native organizations and Alaska … Read more
I’m really pleased with what [the Center for Native American Youth has] done so far. We’ve created a start-up non-profit from scratch. In 2 ½ years, I think we’ve done some significant things. We’re focusing on the well-being of Native American youth; we’re working on teen suicide prevention; and education opportunities—a series of issues. We’re … Read more
From the press release: The U.S. Department of Justice announced the opening of a comprehensive grant solicitation for funding to support public safety, victim services, and crime prevention by American Indian and Alaska Native governments. The department’s FY 2014 Coordinated Tribal Assistance Solicitation (CTAS) is available at www.justice.gov/tribal/open-sol.html . “Over the past four years, more … Read more
For the first time in Alaska’s child welfare history, the state is entering into an agreement with a Tribal organization that supports and recognizes the ability of a Tribe to provide services to its own citizens, increasing the likelihood for Tribal foster children to stay in their communities with relatives, culture, and traditions. Read more … Read more
Earlier this year, the Oglala and Rosebud Sioux Tribes and three Indian mothers filed a lawsuit in federal court in Rapid City on behalf of all parents of minor Indian children in Pennington County. That lawsuit, Oglala Sioux Tribe v. Van Hunnik, charges that the South Dakota Department of Social Services (DSS), the Pennington County … Read more
On December 9, the U.S. attorney general’s task force on violence against American Indian and Alaskan Native children held the first of four public hearings to gather information to be submitted to the attorney general and used in policy making decisions. The meeting was held in Bismark, North Dakota, and was co-chaired by former U.S. … Read more
A Nov. 12 executive order allows Oklahoma Department of Human Services and tribal workers to share information and work together on child welfare and foster care cases. Read the brief article available at the NewsOK website. Read the Executive Order # 2013-37 at the Secretary of State website.
At 45.5 percent, Minnesota has the lowest on-time high-school graduation rate for its Native American students of any state in the country. Though acknowledging that hard truth, a new report by the Minnesota Campaign for Achievement Now (MinnCAN) reflects hope. Read more at the Twin Cities Daily Planet website. Related stories: All Nations program at … Read more
The Cherokee Nation says in court papers filed last week that sovereign immunity protects it from efforts to collect more than $1 million in legal fees by lawyers for the adoptive parents of the child known as Baby Veronica. Read more at the American Bar Association website.
Protesters lined up in front of the courthouse while attorneys rushed inside for a closed-door hearing, where a biological father was fighting for custody of an Indian daughter. It was like hitting “replay” on the Baby Veronica case. Some of the same attorneys were in court again last week. And many of the same protesters … Read more
On Friday the Cherokee Nation came out swinging in their response to the motion filed weeks ago in Nowata, Oklahoma county court in Adoptive Couple v. Baby Girl, in which Matt and Melanie Capobianco are seeking approximately $1`million in attorneys’ fees and costs. Read the article at Indian Country Today.
Summary from the Federal Register: This is an announcement of the first hearing of the Advisory Committee of the Attorney General’s Task Force on American Indian/Alaska Native Children Exposed to Violence (hereafter referred to as the AIAN Advisory Committee). The AIAN Advisory Committee is chartered to provide the Attorney General with valuable advice in the … Read more
A special Justice Department task force will hold a series of public meetings around the country to study the scope and impact that exposure to violence has on Native American and Alaska Native children, the Justice Department said. Read more at the New York Times website.
Task Force Advisory Committee to Hold First Public Hearing in Bismarck, North Dakota in December 2013. Advisory Committee Will Be Co-Chaired by Former U.S. Senator Byron Dorgan and Iroquois Composer and Singer Joanne Shenandoah. Read the full article at Indian Country Today.
Leaders of South Dakota’s nine Sioux tribes will spend time in Washington, D.C., this week seeking federal help in a long-running dispute over state government’s handling of foster care for Native American children. Read the full article at the SFGate website.
In ICWA, Congress affirmed tribal authority to protect American Indian children through their own laws, courts, and services. It recognized that tribal courts are of commensurate standing to state courts. ICWA established minimum standards for states to follow in issues of custody and adoptions, giving tribes the right to intervene in state court proceedings as … Read more
A Spirit Lake Indian Reservation woman who was awarded custody of infant twin girls despite a history of child neglect was sentenced Wednesday to 30 years in prison in the death of one of the children, who was thrown down an embankment. Read the full article at the Time website.
Attorneys for the adoptive parents of a 4-year-old girl caught up in a custody dispute have filed paperwork in Oklahoma seeking $1 million in legal fees from the Cherokee Nation and the girl’s biological father, who has dropped all legal claims to his daughter. Attorneys representing Matt and Melanie Capobianco filed paperwork in Nowata County … Read more
In Jones v. Lummi, a federal judge in the state of Washington ruled on an issue relating to tribal jurisdiction. Here is some text from his 10/22/13 opinion: “More than 20 days have now passed since the court issued its September 30, 2013, order, and neither Mr. Jones nor Defendants have filed a timely response … Read more