Standing Strong for Native Families
A website from the Native American Rights Fund
Holding provided by Westlaw: “The Supreme Court, Brian Morris, J., held that evidence supported finding that the Department made active efforts to reunify child with her parents. Affirmed.” Read the case at the National Indian Law Library website.
A North Carolina state Court of Appeals has ruled that the tribe, not the state, has exclusive jurisdiction over child welfare issues arising on tribal land. In the matter of E.G.M. November 5, 2013 (North Carolina) Read more about this case on the Turtle Talk Blog.
Brandi Sweet is a member of the Turtle Mountain Band of Chippewa Indians of North Dakota, but that heritage is only partly why she is a perfect fit for the newly created post of American-Indian foster family recruiter at Utah Foster Care. Sweet knows what it is like to be a child in foster care. … Read more
On Wednesday, Sen. Heidi Heitkamp, D-N.D., presented Senate Bill No. 1622 to create a national commission to study and address the high rates of poverty, child abuse, domestic violence, crime, substance abuse and high school drop outs that plague Native youth, along with making recommendations to solve those problems. Read more at the Farmington Daily … Read more
From a 10/30/13 press release: HEITKAMP INTRODUCES FIRST BILL AS U.S. SENATOR; AIMS TO IMPROVE THE LIVES OF NATIVE AMERICAN CHILDREN Summary of the Bill and Quotes from North Dakota Tribal Leaders Below WASHINGTON, D.C. – U.S. Senator Heidi Heitkamp today introduced her first bill since joining the U.S. Senate, a comprehensive plan to find … Read more
Magdalena Schools was awarded a $1.2 million Demonstration Grant for Indian Children from the U.S. Department of Education in September. The grant funds programs addressing the needs of Native American pre-school and high school students, according to Keri James, federal and state programs coordinator for the district. But all Magdalena students will benefit from the … Read more
If people do not think about child abuse, they will not detect child abuse. That was the primary message of Dr. Karyn Patno, a pediatrician and founder of the ChildSafe Program at Fletcher Allen Health Care in Burlington, Vermont. Dr. Patno’s recent collaboration with the St. Regis Mohawk Tribal Police on a case of suspected … Read more
The BIA assumed control of child protection services and certain foster care placements on Oct. 1, 2012, after complaints of systemic failures when the Spirit Lake tribe was running the programs. A year later, tribal leaders and members credit BIA staff members with working hard to improve child protection, but visible progress has not yet … Read more
WASHINGTON, Oct. 22 — The U.S. Department of the Interior published the following notice in the Federal Register from the Indian Affairs Bureau: Request for Nominees to Serve on the Bureau of Indian Education Advisory Board for Exceptional Children Nomination applications must be received on or before November 15, 2013. Read the notice at the … Read more
Synopsis provided by Westlaw: “The Department of Health and Social Services filed a petition alleging Indian child was a child in need of aid. The Superior Court of the State of Alaska, Fourth Judicial District, Fairbanks, Randy M. Olsen, J., adjudicated child as a child in need of aid. Father appealed.” Read the decision at … Read more
The United States Supreme Court recently issued its opinion in the case of Adoptive Couple v. Baby Girl. This document is designed to: Summarize the decision — what the case held about the Indian Child Welfare Act (ICWA), what it did not hold, and what it implied. Provide advocates for tribes, birth parents (particularly unwed … Read more
Become a trainer of Positive Indian Parenting (PIP). This course will provide workers with information on how to organize and conduct parenting training. Preparing lesson plans, setting up meetings, and helping parents through this training will be covered. Exercises and handouts are designed for use in small groups or with a family. A facilitator’s manual … Read more
In an emotional statement on Thursday, Baby Veronica’s biological father said he and the Cherokee Nation were dropping the legal fight to regain custody of the 4-year-old girl. Read the full article at the NPR website. Read the related statement from the Cherokee Nation website.
Register now for the 32nd Annual Protecting Our Children National American Indian Conference on Child Abuse and Neglect. The conference will be held April 13-16, 2014, in Ft. Lauderdale, Florida. See more info and register at the National Indian Child Welfare Association website. Child welfare and legal professionals, advocates for children, tribal leaders, families, youth, … Read more
Social workers at the Spirit Lake Indian Reservation have been furloughed because of the federal government shutdown, worrying tribal officials and Sen. John Hoeven. The Bureau of Indian Affairs took over social services from the tribe a year ago after complaints about rampant abuse of children and the death of several children placed by tribal … Read more
Standing Rock’s tribal council urged the United States to take action in a September 17 resolution claiming that South Dakota has been taking its children into care and adopting them out of the tribe illegally, in violation of the Indian Child Welfare Act. The resolution was passed the day after a child-welfare advocate informed the … 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, Anchorage, Peter A. Michalski, J., terminated parental rights. Mother appealed. The Supreme Court remanded. On remand the Superior Court found, by clear and convincing evidence, that OCS made active … Read more
Synopsis provided by Westlaw: “In child dependency proceeding involving incarcerated father, the Superior Court, Fourth Judicial District, Fairbanks, Michael P. McConahy, J., terminated parental rights. Father appealed.” Read the case at the National Indian Law Library website.
View the latest NICWA News at the NICWA website. Contents NICWA Executive Transition Adoptive Couple v. Baby Girl Update NICWA’s New Strategic Plan /Martin and Connor Join NICWA Board In Memoriam: Bill Byler
Baby Veronica returned to adoptive parents (Washington Post, 9/24/2013) ‘Baby Veronica’ Handed Over To Adoptive Parents, Matt and Melanie Capobianco (Huffington Post, 9/24/2013) Capobiancos returning to James Island with Veronica (wistv.com, 9/24/2013) “Baby Veronica” handed over to adoptive parents, Cherokee Nation confirms (CBS News, 9/24/2013) Biological father Dusten Brown hands over Cherokee child ‘Baby Veronica’ … Read more
Synopsis provided by Westlaw: “County Department of Family Services filed petition to terminate parental rights of both parents of Indian child. The Circuit Court, Fairfax County, Randy I. Bellows, J., held that the guardian ad litem and foster parents had not established good cause to retain jurisdiction and ordered the case transferred to tribal court, … Read more
Baby Veronica case: Parents’ negotiations end with no settlement (Tulsa World, 9/23/2013) ‘Baby Veronica’ Custody Battle Returns To Oklahoma Supreme Court (News9.com, 9/23/2013) Brown, Capobiancos in negotiations for Veronica (Cherokee Phoenix, 9/23/2013) Baby Veronica case: Five days of mediation yield no agreement (Tulsa World, 9/20/2013)
The Office of Head Start (OHS) is holding 2013 Tribal Consultations with leaders of Tribal Governments operating Head Start (including Early Head Start) programs for each of the nine geographic regions where American Indian and Alaska Native (AIAN) Head Start programs are located. Tribal leaders and their designees, including AIAN Head Start directors, are welcome … Read more
In a case that is drawing comparisons to a long-running adoption dispute over a 3-year-old Cherokee girl, an Oklahoma County District Court judge awarded custody this week of a 4-month-old infant to the Absentee Shawnee Tribe following a South Carolina couple’s attempt to adopt her. Read the full story at the Washington Post website. Read … Read more
Oklahoma Supreme Court to hear case involving custody dispute over 3-year-old Cherokee girl (Washington Post, 9/13/2013) Groups Argue Over Effectiveness of Indian Child Welfare Act (News9.com, 9/12/2013) NICWA, NCAI Applaud UN for Calling on U.S. to Protect Veronica (Indian Country Today, 9/11/2013) ‘Baby Veronica’ Custody Battle Continues (NPR, 9/11/2013)
The United Nations Special Rapporteur on the rights of indigenous peoples, James Anaya, today called on the relevant state, federal and tribal authorities in the United States of America to take all necessary measures to ensure the wellbeing and human rights of ‘Veronica,’ an almost four year old Cherokee child at the center of a … Read more
South Carolina governor comments on Baby Veronica (fox23.com, 9/9/2013) Father of Cherokee girl in middle of custody dispute files new appeal to Okla. Supreme Court (Washington Post, 9/6/2013) Baby Veronica case: Dusten Brown files second appeal with state supreme court (Tulsa World, 9/6/2013) In re Adoptive Couple of Baby Girl (“Baby Veronica”): Okla. Supreme Court … Read more
Baby Veronica to stay with biological dad for now, court rules (Today, 9/3/2013) New twist in Native American child custody dispute (CNN, 9/3/2013) Okla. Supreme Court issues stay in custody case (USA Today, 9/3/2013) Father of Cherokee girl in middle of custody dispute appeals to the Oklahoma Supreme Court (Washington Post, 9/2/2013)
Twenty-seven months after the brutal abuse and killing of two young siblings at their home on the Spirit Lake Sioux Indian reservation, Valentino “Tino” James Bagola goes on trial in U.S. District Court in Fargo today facing four felony counts of murder. The violent deaths of two of its youngest and most vulnerable members traumatized … Read more
Even worse, says Mason, is the blatant marketing and selling of Indian children by lawyers who make anywhere from $25,000 to copy00,000 in legal fees for these children. “Anyone can do the math and realize that this is an enormous industry in the trafficking of Indian children,” says Mason. “And they’re preying on poor, uneducated Native … Read more
Earlier this month, when Edward Parks was convicted in Fairbanks of the kidnapping and brutal assault of his girlfriend, the prosecutor told a Fairbanks reporter it was a victory in the “state’s larger war against domestic violence.” But three months earlier, with Parks sitting in jail awaiting trial for beating Bessie Stearman so badly he … Read more
Cherokees rally for Dusten Brown in Baby Veronica case (Tulsa World, 8/27/2013) Veronica case: Motion filed to suspend visits from Capobiancos (Native Times, 8/27/2013) Adoptive parents visit Baby Veronica, but future visits being challenged (Tulsa World, 8/26/2013) ‘Baby Girl’ Veronica Case: Lawyer Asks Judge To Suspend Adoptive Parents’ Visitation Rights (Huffington Post, 8/26/2013) Toddler’s guardian … Read more
On August 12, 2013, the American Bar Association House of Delegates approved a resolution supporting full implementation of, and compliance with, the Indian Child Welfare Act. There was not dissenting report or speaker. You can see the resolution and the accompanying report at the ABA Now website.
Here is text from the opinion: R.N. (mother) and E.T. (father) appeal from the order terminating their parental rights to daughters D.N. and A.T. The parents argue there is a lack of compliance with the notice requirements of the Indian Child Welfare Act, 25 U.S.C. section 1901 et seq. (ICWA). We affirm. Substantial evidence supports … Read more
This case affirms the termination of parental rights under Oregon law and the Indian Child Welfare Act. The factual bases for terminating parental rights must be established beyond a reasonable doubt. Read the opinion at the National Indian Law Library website.
Opinion from Indian Country Today: U.S. doesn’t respect or understand native culture. 8/13/13.
Custody battle continues despite ruling by justices (NY Times) 8/13/13 SC Family seeks deal in Cherokee custody case (HeraldOnline.com) 8/14/13 Cherokee father enters courthouse without child (Miami Herald) 8/16/13 Watch: Native American adoption case gets complicated (ABC News) 8/17/13 Rally planned for Cherokee girl in custody dispute (NewsOn6.com) 8/19/13 Tulsa protesters react to Baby Veronica … Read more
The Department of Justice announces a pilot project for tribal jurisdiction over crimes of Domestic Violence, Friday, June 14, 2013, 78 FR 35961-01, (PDF), 2013 WL 2643596 Related News: VAWA Pilot Project Notice in Federal Register, plus supporting materials (Turtletalk) 6/14/13. SUMMARY: This notice proposes procedures for an Indian tribe to request designation as a … Read more
The Alaska Office of Children’s Services (OCS) was successful in terminating parental rights for the parents of four Indian children. Despite attempts by the parents, and active efforts to prevent the breakup of the family by OCS, evidence supported finding that the children would be endangered and would likely suffer emotional and physical harm if … Read more
The adoptive parents and birth father of a girl known as “Baby Veronica” have fought for custody of her since shortly after she was born in 2009. CNN provides a short timeline of events since Veronica’s birth in September 2009. See the timeline at the CNN website.
A year and a half after National Public Radio aired damning charges against South Dakota’s handling of foster care for Native American children, the news agency’s ombudsman said Friday that the three-part investigative series was “deeply flawed.” Read more about the ombudsman’s report at the Argus Leader website. Read the ombudsman’s report and the NPR … Read more
Charleston County sheriff working with agencies to locate Veronica (live5.com, 8/12/2013) Dusten Brown, biological father of ‘Baby Veronica’, posts $10,000 bail, released on bond (kjrh.com, 8/12/2013) Cherokee man cleared to go to Okla. for hearing on disputed adoption of his daughter, 3 (Birmingham Star, 8/12/2013) Brown’s whereabouts unknown; Tribal hearing set for Monday (abcnews4.com, 8/11/2013) … Read more
Baby Veronica’s biological family says their offer of shared custody was rejected (Tulsa World, 8/7/2013) Veronica’s Oklahoma family on edge as South Carolina authorities consider custody action (The Post and Courier, 8/7/2013) Baby Veronica’s family pins hopes on tribal, state courts (Tulsa World, 8/7/2013) SC judge orders Cherokee girl at center of adoption dispute transferred … Read more
Cherokee Nation Assistant Attorney General Chrissi Nimmo stated, “It is disgusting to insinuate criminal misconduct or wrongdoing on Dusten’s behalf. He is in another state for mandatory National Guard training, which all parties and the court have known for at least two weeks. It is physically and legally impossible for Dusten to comply with the … Read more
The Supreme Court, over the dissents of two Justices, cleared the way Friday afternoon for a South Carolina couple to adopt the child known publicly as “Baby Veronica.” In a three-sentence order, the full Court turned aside — without an explanation — the plea by the birth father to delay a state court ruling permitting … Read more
Baby Veronica adoption finalized by S.C. court (Tulsa World, 8/1/2013) Baby Veronica’s father says she won’t go back ‘voluntarily’ (Tulsa World, 8/1/2013) Justice Roberts weighs decision on Baby Veronica custody (Tulsa World, 8/2/2013) Dusten Brown, ‘Baby Girl’ Veronica’s Birth Father, Asks Daughter’s Adoptive Parents To Reconsider (Huffington Post, 8/1/2013) Attorney: Okla. girl will be devastated … Read more
Read the press release. Read the complaint filed in the U.S. District Court in South Carolina. From the press release…The litigation was filed on behalf of Veronica, by Angel Smith, an attorney appointed as counsel for the child by the courts of the Cherokee Nation, in U.S. District Court in South Carolina, and asks the … Read more
A family court in Charleston, S.C., plans to have a hearing Wednesday (7/31) to decide how – not if – to transfer custody of Baby Veronica back to her adoptive parents. Read about this in Tulsa World.
A new lawsuit was filed by Baby Veronica’s mother which claims part of the Indian Child Welfare Act to be unconstitutional.Read the news story from July 26 and complaint filed on July 24. See an additional article on this new case filing at Indian Country Today.
From the complaint: ICWA tells a single unmarried woman who wishes to choose adoptive parents for her unborn child—a choice that would be respected under her State’s laws—that she must either terminate her pregnancy, raise the child herself, or surrender her child to a Tribe that is a total stranger to her and to the … Read more
The Court of Civil Appeals of Oklahoma ruled against awarding attorney fees and costs to a father whose parental rights were terminated. See the National Indian Law Library website for the opinion.
The Montana Supreme Court ruled that the state Department of Health and Human Services made sufficiently active efforts to reunify children with mother, as prerequisite to termination of mother’s parental rights, under Indian Child Welfare Act (ICWA). Read the opinion on the National Indian Law Library website.
See the resolution, which was passed at the group’s annual meeting on July 13, 2013, at the NCJFCJ website.
This decision follows the U.S. Supreme Court decision from May, 2013. The South Carolina Supreme Court held that the Indian Child Welfare Act’s (ICWA) placement preferences did not apply, and father’s consent to adoption was not required. Read the opinion on the National Indian Law Library website.
Native American Rights Fund, National Congress of American Indians, and National Indian Child Welfare Association announce pursuit of civil rights lawsuit for Baby Veronica. Three of the nation’s leading tribal organizations announced today they are in the early stages of pursuing litigation to protect the civil rights of Veronica Brown, acitizen of the Cherokee Nation … Read more
Gov. Dennis Daugaard has sent a letter to Health and Human Services Secretary Kathleen Sebelius saying he supports tribal efforts in South Dakota to run their own child welfare and foster care services Read more at the Argus Leader website and the PRWeb website.
On July 17, 2013, the South Carolina Supreme Court ruled 3 to 2 that the “Baby Veronica” case be remanded to the family court to finalize the adoption. Find the court’s opinion as well as press statements and news coverage at the Turtle Talk website. Read some of the initial responses to the decision below: … Read more
On July 12, 2013, Christy Maldonado, the birth mother in the Supreme Court case, Adoptive Couple v. Baby Girl, told her side of the story in the Washington Post. In the summer of 2009, I made the most difficult decision of my life: to place my baby, Veronica Rose, with adoptive parents. Many know her … Read more
Baby Veronica’s biological father, stepmother and paternal grandparents have filed court papers in Oklahoma to adopt the 3-year-old girl, a move that dissenting U.S. Supreme Court justices warned could happen and will likely complicate the custody dispute. Read more at The Post and Courier website.
July 09, 2013. Following mounting anger over charges that the state has routinely and illegally placed Native American children with non-native foster parents, South Dakota tribes gathered Monday in Rapid City to discuss how they could form their own tribal-run foster care systems. Read more at the Rapid City Journal website.
As chairman of the Senate Committee on Indian Affairs, I once toured a school near an Indian reservation where I encountered a teacher who told me that when she asked a young Indian student what she wanted for Christmas, she said she wanted the electricity turned on in her house so she could study at … Read more
A South Florida custody case pivots on the Uniform Child Custody Juridiction and Enforcement Act, which establishes jurisdiction between states and tribes. Under the child custody enforcement act, foreign countries — and under federal law, the Miccosukee reservation off Tamiami trail is a sovereign nation — are treated the same as other states when it … Read more
On June 25, 2013, the Michigan Court of Appeals that the Indian Child Welfare Act (ICWA) does not apply to non-federally recognized Indians or tribes. The ruling was made in a case brought by a member of the Mackinac Bands of Ottawa and Chippewa Indians, which is not federally recognized. Learn more and read the … Read more
The American Indian Enhancement (AIE) Project Toolkit provides the concepts, guidance, and action steps necessary for developing a programmatic infrastructure within the child welfare agency to improve outcomes for American Indian and Alaska Native families and children in the child welfare system. The toolkit is designed to assist your county to advance child welfare practice … Read more
The author of this January 2012 article, Gina Jackson, is a Model Court Liaison for the Victims Act Model Court Project with the Permanency Planning for Children Department of the National Council of Juvenile and Family Court Judges and a member of the Temoke Western Shoshone Tribe. She looks at how we as a nation … Read more
Supreme Court Thwarts ICWA Intent in Baby Veronica Case (Indian Country Today) 6/25/2013 US Supreme Court Case Reignites Discussion Over Welfare of American Indian Children (Washington Post) 6/26/2013 Happy Ruling for Adoptive Couple, Uncertainty for Baby Girl (NPR) 6/26/2013 The Court Got Baby Veronica Wrong (Slate.com) 6/26/2013 Ruling on Adopted Indian Kids Threatens Tribes, Some … Read more
If you were unable to join this webinar on the U.S. Supreme Court decision in Adoptive Couple v. Baby Girl, you can access the recorded version here. On June 25, 2013, the U.S. Supreme Court announced its decision in Adoptive Couple v. Baby Girl, the South Carolina adoption case involving the Indian Child Welfare Act (ICWA) that has garnered significant … Read more
On July 14, 2011 the National Association for Court Management (NACM) passed a resolution resolution demonstrating their commitment to ICWA. Excerpt from the resolution – “…NACM is committed to engaging tribal court managers as full partners in fulfilling the mission of NACM and in meeting the needs of all children and families served by the state … Read more
A split decision on ‘Baby Veronica’ court battle (Tulsa World) 6/26/13. Supreme Court Strikes a Hard Blow to Tribal Sovereignty in Adoption Case (Common Dreams) 6/26/13. Supreme Court says Native American child doesn’t have to be given to biological father (Washington Post) 6/25/13. Justices Rule in Favor of Adoption of Indian Child (NY Times) 6/25/13. … Read more
Find the opinion here. Commentary will be published soon on the blog. The syllabus from the ruling: “The Indian Child Welfare Act of 1978 (ICWA), which establishes federal standards for state-court child custody proceedings involving Indian children, was enacted to address “the consequences . . . of abusive child welfare practices that [separated] Indian children … Read more
Since 2011, the NCJFCJ has published Disproportionality Rates for Children of Color in Foster Care Technical Assistance Bulletins, which identify the disproportionality rates for all state and select Model Courts across the Country. See: Disproportionality Rates for Children of Color in Foster Care Technical Assistance Bulletin. This Bulletin, released May 2013, utilizes the most current … Read more
The Tribal/State Programs Unit of the Center for Families Children and the California Courts have created a webpage to assist those involved in Indian Child Welfare Act (ICWA) proceedings. The page can help them understand their legal obligations under ICWA and comply with those requirements. Subjects covered include ICWA job aids; law, rules & regulations; … Read more
The US Department of Justice, Office of Juvenile Justice and Delinquency Prevention invites tribal nonprofit and for-profit organizations (including non-tribal nonprofit and for-profit organizations) and tribal institutions of higher education (including non-tribal institutions of higher education) to submit applications for its Fiscal Year (FY) 2013 Support to the Attorney General’s Task Force on American Indian/Alaska … Read more
On June 12, 2013, Mr. Kilmer introduced the following bill; which was referred to the Committee on Ways and Means. HR 2332 — Adoption Tax Credit Tribal Parity Act of 2013: To amend the Internal Revenue Code of 1986 to recognize Indian tribal governments for purposes of determining under the adoption credit whether a child … Read more
The Baby Veronica Case, recently argued before the U.S. Supreme Court, is one of the most important Indian legal battles of the last generation. It is the story of Dusten Brown, a member of the Cherokee Nation, who has invoked the Indian Child Welfare Act to prevent Christina Maldonado, the non-Indian mother of his baby … Read more
For the Lakota people this has been a continuation of a 100-year history of child abduction. This began in the 1880s under the U.S. government policy of forced assimilation (genocide); children as young as 5 years old were forcibly removed from their homes and taken to boarding schools hundreds of miles away. Now it is … Read more
This ICWA educational resource video is the culmination of the ongoing collaboration between the Mississippi Courts, Child Welfare Agency, and the Mississippi Band of Choctaw Indians in consultation with the National Resource Center on Legal and Judicial Issues and the National Resource Center for Tribes. The video was produced by Mad Genius, Inc., Ridgeland, Mississippi. The … Read more
The Superior Court in Sacramento County ruled on termination of parental rights and placement under the Indian Child Welfare Act. Read the case on the National Indian Law Library website.
This case relates to claims relating to following tribal customary adoption procedures. Read the case at the National Indian Law Library website.
The court ruled that the notice provided to the Indian tribe was insufficient under Indian Child Welfare Act. Read the opinion at the National Indian Law Library website.
The future of the Indian Child Welfare Act depends on the federal government’s ability to work with state governments and ensuring that tribal courts have enough resources, the chief general counsel for the Department of Interior said Thursday. Department of Interior Solicitor Hilary Tompkins spoke at a panel discussion in Washington D.C. examining the federal … Read more
[O]f 440 Indian children in foster care in South Dakota as of July 1, 2011, 381 – nearly 9 in 10 – resided in non-Indian foster homes. In one recent case, grandparents of a child and their tribe threatened to prosecute the state of South Dakota for kidnapping after the state chose a non-Indian foster … Read more
Adoptive Couple v. Baby Girl challenges parts of the 1978 Indian Child Welfare Act, this case puts one little girl at the center of a storm of legal intricacies, Native American tribal culture, and heart-wrenching personal stakes. Listen to the entire podcast (37 minutes) at the Radiolab website.
This case considered whether the earlier termination proceedings complied with statutory requirements for proceedings involving Indian children. On May 15, 2013, the Supreme Court of Montana remanded the case to the Eighth Judicial District for the purpose of curing statutory deficiencies and holding a new termination hearing. Read more about the case at the National … Read more
On April 30, 2013, the Montana Supreme Court affirmed the decision of the fourth district court to terminate parental rights. Issues considered included: Whether the District Court properly concluded treatment plans were appropriate. Whether the State presented sufficient evidence to terminate parental rights under the ICWA. Whether the state made “active efforts” to prevent the … Read more
In a move that may prove to have national implications, a Los Angeles Superior Court subcommittee, Psychotropic Medication Committee, is in the process of mandating permission from American Indian tribes before American Indian children in the foster care system in Los Angeles County can be prescribed a psych medication. Read the full article at the … Read more
Certainly, there are loving, protective and caring foster care providers on South Dakota’s Indian reservations. But are there enough of them to shelter the inordinately high number of children that need such care in those places? We doubt it. In fact, we’ve reported on the trouble one tribe in our area has in getting qualified … Read more
On May 9, the Colorado Court of Appeals held that substantial evidence supported juvenile court’s findings of good cause to deny transfer of jurisdiction to tribal court and supported the juvenile court’s holding that the Department of Health and Human Services met the “active efforts” standard required by the Indian Child Welfare Act. Read more … Read more
In April, a grassroots movement led by Lakota grandmothers toured the country to build support for a formal complaint of genocide against the United States government and its constituent states. Though temporarily overturned, the recent conviction of Efrain Rios Montt for genocide against indigenous Guatemalans should give US officials, particularly members of the Supreme Court, … Read more
The decisions of the South Dakota Supreme Court contain many cases involving the federal law known as the Indian Child Welfare Act.They are always a sad story… Read more at the Black Hills Pioneer website. Research cases and law relating to ICWA in South Dakota at the Practical Guide to the Indian Child Welfare Act … Read more
The South Dakota Department of Social Services is seeking the dismissal of an Indian Child Welfare Act lawsuit filed by the Oglala Sioux Tribe and the Rosebud Sioux Tribe.The lawsuit accuses the state of violating ICWA by removing Indian children from their homes without due process to their families or to tribes… Read more at … Read more
Bryan Samuels, the Commissioner of the Administration on Children, Youth and Families (ACYF) wrote a letter to tribal leaders and state child welfare directors in April 2013 regarding the importance on ongoing consultation and coordination around the delivery of child welfare services. Read the letter and attachments at https://icwa.narf.org/documents/20130429_Samuels-letter.pdf.
Federal officials met with South Dakota’s nine Sioux tribes on Wednesday for a historic summit in Rapid City. A year in the making, it was an effort to address long standing concerns over the high number of Native American children the state places in white foster homes. State officials, however, didn’t show up for the … Read more
The Indian Child Welfare Act summit will be held May 15-17 in Rapid City, South Dakota with the hopes to build a working relationship towards a better understanding of the law and its interpretation among tribal, state, federal and organization leaders. Read more at the Indian Country Today website.
RAPID CITY—The alleged abuses of the Indian Child Welfare Act in the Pennington County court system has been called “shocking” by two attorneys. According to Stephen Pevar, attorney for the ACLU, “What happened in the Pennington County Courts is something you would expect in a Third World Country.” Read the full article at Indianz.com.
Center for Native American Youth Dialogue: Indian Child Welfare – Highlighting the Invisible June 6, 2013; 12:00 to 1:30 PM The Aspen Institute One Dupont Circle, Suite 700; Washington, DC 20036 RSVP to cnayrsvp at aspeninst dot org or 202-736-2908.
These cooperative agreements would fund research and evaluation activities that primarily involve the analysis of child care administrative data….. Results from this research are expected to add to our knowledge about the efficacy of child care subsidy policies and quality improvement initiatives in supporting employment and self-sufficiency outcomes for parents, increasing access by low-income families … Read more
On May 7, the U.S. Congress introduced a resolution “Recognizing National Foster Care Month as an opportunity to raise awareness about the challenges of children in the foster-care system, and encouraging Congress to implement policy to improve the lives of children in the foster-care system.” See H.Res. 203.
I am outraged by Supreme Court case Adoptive Couple v. Baby Girl. As a lifelong civil rights activist, I remember the struggle to pass the Indian Child Welfare Act (ICWA) in 1978 and the reasons it is still so badly needed to protect our families and Native American cultures. Read more at Indian Country Today.
Native American studies chair Bruce Duthu and writing professor Julie Kalish discussed Baby Veronica’s future in a panel on Friday. See more at The Dartmouth.com.
The Great Plains Indian Child Welfare Act Summit will feature tribal leaders, ICWA experts, lawmakers, BIA officials, and a civil rights attorney from the Department of Justice. The conference will articulate structural solutions to a long-standing crisis in Native foster care in South Dakota, where 740 Lakota children are taken into foster care by the … Read more
The constitutionality of ICWA is based on two propositions: First, these special laws for Indians are not race based. And second, Congress has the authority to issue special laws with regard to Indian people and tribes. If the Baby Girl Court rejected either of these positions, not only would ICWA be unconstitutional, most of Indian … Read more
One of Father Jerry’s immediate dreams was to establish a mobile computer lab where students can improve their reading and math skills, prepare and take standardized tests and learn about the world beyond the reservation. During his visit to Immaculate Conception Parish, he was presented with a check for more than $15,000 in donations. This … Read more
Native Hawaiian and American Indian Nonprofit Organization Child Care Grants will award funding to nonprofit organizations who offer a high-quality child care program that is child-focused, culturally and linguistically appropriate, family-friendly, fair to providers, and addresses the needs and unique circumstances of Native Hawaiian and/or American Indian/ Alaska Native (AIAN) youth and their families. Due … Read more
Learn more and register at the NICWA website. June 5–6, 2013 | Portland, Oregon Participants may choose one of the two workshops listed below. Introduction to Tribal Child Welfare This two-day workshop is designed for tribal staff, tribal council members, or child welfare committee or commission members who are new to the field of child … Read more
Since Indian children are still over-represented in Michigan’s child welfare system, Greenleaf-Maldonado, a Tribal Court Judge for the Little Traverse Bay Bands of Odawa Indians, and many others worked for years on an even stronger state version of the law. It passed in January with almost unanimous bi-partisan support. Now, the U.S. Supreme Court might throw a wrench into Michigan’s … Read more
In October 2012, the Mississippi Band of Choctaw Indians and the Mississippi Department of Human Services signed a Memorandum of Understanding (MOU) related to the Indian Child Welfare Act. The purpose of the MOU is to initiate coordination of social services between the agencies in situations where Choctaw children and families live off of the … Read more
Contextualization of the Indian Child Welfare Act on MSNBC’s Melissa Harris-Perry: the other piece of logic that was part of the slave trade and part of the adoption story is part of the missionary aspect. this idea that you’re not only saving this child from the subpar culture but saving them through connections to the … Read more
High-Profile Custody Case New York Times 2013/04/26 To the Editor: Re (editorial, April 16): Your editorial about the case now before the United States Supreme Court says the child should be returned by the biological father, Dusten Brown, to her putat… Baby Veronica and the Law of Race Indian Country Today Media Network 2013/04/28 Upon reading my … Read more
According to a press release from the Department of Justice: The Department of Justice honored the Prairie Band Potawatomi Nation’s Tribal Victim Services program for creating a healing arts program for sexual assault victims. Attorney General Eric Holder presented the program with an award during the National Crime Victims’ Rights Week awards ceremony on Wednesday, … Read more
In 1978, Congress responded to the high numbers of Indian children being removed from their homes by passing the Indian Child Welfare Act, or ICWA. …. Some non-Indian foster parents who have taken in children from Spirit Lake say they are frustrated and confused by practices that seem not to be in the children’s best … Read more
On April 23, 2013, petition for certiorari was filed with the Supreme Court for Nebraska v. Elise M., a Nebraska case that looks at: (1) Whether ICWA prohibits a state court from considering the ’best interests of the child” when determining whether “good cause” exists to deny the transfer of an ongoing child welfare case. … Read more
On April 17, 2013, the Arkansas state Court of Appeals ruled in the case of a mother contesting the removal of her parental rights. The court applied the ICWA requirements of proof and an ICWA expert testified at the hearing due to the possible eligibility of the minor for membership in an Indian tribe. Read … Read more
In the context of the recent Supreme Court hearing in Adoptive Couple v. Baby Girl, Walter Olson,a senior fellow at the Cato Institute’s Center for Constitutional Studies, critiques the constitutionality of the Indian Child Welfare Act in this April 22, 2013, opinion piece at reason.com.
An April 20, 2013, letter to the editor from John Nichols, the lawyer for Dusten Brown in the Supreme Court case Adoptive Couple v. Baby Girl briefly speaks to trends in Native American adoption cases. See the letter at the Washington Post website. Mr. Nichols’ letter was in response to the April 16, 2013, Washington … Read more
As the U.S. Supreme Court hears the Baby Veronica case Tuesday, local advocates will submit a petition to change the federal law that removed the girl from her adoptive home. More than 1,000 people in Oklahoma have signed the petition, in addition to more than 22,000 other people nationwide. Read the full article from April 16, … Read more
SCOTUS to rule in Baby Veronica case by midsummer Live 5 WCSC 2013/04/16 WASHINGTON, DC (WCSC)- After listening to an hour and a half of oral arguments, Supreme Court justices officially submitted Baby Veronica custody case hearing at the national level. Now it’s a waiting game … Adoption Case Brings Rare Family Law Dispute To Supreme … Read more
Angry over the way Swain County social services workers handled a child abuse case in which a 15-month old girl died, the Eastern Band of Cherokee Indians is planning to form its own agency to protect children on a North Carolina reservation. Read the full article at Asheville’s Citizen-Times.com.
This week’s Indian Law Bulletin from the National Indian Law Library included a summary and link for In re A.M. from the State Court of Appeal, Third District, California. The case raises issues related to tribal customary adoption and application of the Indian child exception. Read more and find links to the case at the … Read more
This second read-through, by Matthew Fletcher and Kate Fort, incorporates a broader analysis of how the argument went on the merits. Specifically, it addresses: Best Interests of the Child, Interpretation of Sections 1912(d) and (f), Assorted Weirdness — Chief Justice Roberts Edition, Assorted Weirdness — Adoptive Parents as Victim.
On The Voice of Russia, American Edition, radio station, the Due Diligence show interviewed three attorneys about the Adoptive Couple v. Baby Girl case. Interviews included: Phillip J. McCarthy, who represents the American Academy of Adoption Attorneys and wrote an amicus brief supporting the adoptive couple, Lori Alvino McGill, a constitutional attorney for Latham & … Read more
The Michigan Law Review just published an opinion piece: Adoptive Couple v. Baby Girl: Two-and-a-Half Ways To Destroy Indian Law. Article excerpt: “In December 2011, Judge Malphrus of the South Carolina family court ordered Matt and Melanie Capobianco to relinquish custody of Veronica, their two-year-old, adopted daughter, to her biological father, Dusten Brown. A federal … Read more
A transcript for today’s oral argument in Adoptive Parents v. Baby Girl can be found here. Audio recordings of oral arguments heard by the U.S. Supreme Court are made available to the public at the end of each argument week. If you are interested in learning more about the case or reading briefs that were … Read more
John Echohawk, Executive Director of the Native American Rights Fund; Jacqueline Pata, Executive Director of the National Congress of American Indians; and Terry Cross, Executive Director of the National Indian Child Welfare Association, have published an op-ed in Politico on Adoptive Parents v. Baby Girl, which was heard by the U.S. Supreme Court today. To … Read more
Cornell University, Legal Information Institute has published a preview of the Adoptive Couple v. Baby Girl (“Baby Veronica”) case. The oral argument is scheduled for Tuesday, April 16.
The Tribal Supreme Court Project – the Native American Rights Fund (NARF) and the National Congress of American Indians (NCAI) – along with the National Indian Child Welfare Association (NICWA), will host a national teleconference and briefing to review the arguments before the U.S. Supreme Court in Adoptive Couple v. Baby Girl. During the call, participants … Read more
Casey Family Programs releases a press release on Adoptive Couple v. Baby Girl case before the U.S. Supreme Court: SEATTLE – Casey Family Programs with the support of 17 other national child welfare organizations has filed an amicus brief with the U.S. Supreme Court in support of the Indian Child Welfare Act (ICWA). The case … Read more
On February 15, 2013, the Court of Appeals of Oklahoma ruled on the Indian Child Welfare Act’s preference for adoptive placement provision. See In re D.L. and K.L.
The United States Supreme Court next Tuesday hears argument in a head-spinning case that blends the rank bigotry of the nation’s past with the glib sophistry of the country’s present. The case is about a little girl and a Nation, a family and a People. The question at the center of it has been asked … Read more
Indian Country and friends of Indian Country are invited to gather on Tuesday, April 16, 2013 at 8 a.m. on the steps of the United States Supreme Court in Washington, D.C. for a prayer gathering in advance of the oral arguments of Adoptive Couple v. Baby Girl. Members of the Native American Rights Fund, the … Read more
Q&A With Cherokee Counsel for Baby Veronica Case: Read the article published on 4/11/13 in Indian Country Today.
CATOOSA – Members of the National Indian Child Welfare Association on Monday asked for a federal law to be left intact as the U.S. Supreme Court prepares to take up a Nowata family’s case next week. Read the entire article published in Tulsa World on 4/09/13.
U.S. Supreme Court hears “Baby Veronica” case next week. 16 months ago, a South Carolina court ordered the adoptive parents of a child known to many as “Baby Veronica” to give her to her biological father who lives in Bartlesville. Since then, this case has been tied up in the courts.. read more.
See two “guides” to the amici briefs filed in support of the father and the Indian Child Welfare Act in the Adoptive Couple v. Baby Girl case. 1) Tribal Supreme Court Project press release summary published by NARF and NCAI. 2) Turtle Talk blog guide.
It took a powerful, disturbing dream from which she awoke sobbing to convince Robin Charboneau, an Oglala Sioux and member of North Dakota’s Spirit Lake tribe, that “I needed to open my mouth, and I needed to speak.” So she let the documentary filmmaker David Sutherland follow her for more than three years as she … Read more
An op-ed from Terry Cross, the executive director of the National Indian Child Welfare Association discussing the media and public attention on Dusten Brown, the father in Adoptive Couple v. Baby Girl (12-399): At the heart of the case Adoptive Couple v. Baby Girl is the story of a father who desperately wants to raise … Read more
RAPID CITY — Rallying supporters of the Indian Child Welfare Act carried signs calling for an end of human trafficking of Indian children and waited in the cold for the historic filing of a class action lawsuit against the State of South Dakota. Read the entire article at http://www.indianz.com/News/2013/009108.asp.
AUGUSTA, Maine — Attorney General Janet Mills announced Thursday that she has signed on to a case in the U.S. Supreme Court, urging the full enforcement of the 1978 Indian Child Welfare Act. The Indian Child Welfare Act spells out federal standards meant to ensure that the rights of Native American children, their parents and … Read more
Background: Adoptive Couple v. Baby Girl is a case in which the South Carolina Supreme Court held that a Native American (Indian) child could not be adopted by non-Indian parents without complying with the requirements of the Indian Child Welfare Act (ICWA). The court ordered the child returned to her biological father after she had … Read more
The Tribal Supreme Court Project (a project of the Native American Rights Fund in partnership with the National Congress of American Indians) is providing copies of court documents for the Supreme Court case Adoptive Couple v. Baby Girl (12-399). The page includes a link to the court’s docket sheet, lower court opinions and briefs, and … Read more
On April 25, 2013 (8:00 a.m. – 4:30 p.m., Central), the Alabama-Coushatta Tribe of Texas will hold its Third Judicial Symposium at the tribe’s Special Events Center on the Alabama-Coushatta Reservation (Texas). This free event, entitled Strengthening and Healing Our Children, Families and Community through Tribal-State Collaboration will feature speakers including tribal and state judges … Read more
Daryle Conquering Bear Crow (Oglala Sioux Tribe), Foster Care Alumni and Consultant for the National Council of Juvenile and Family Court Judges and National Resource Center for Tribes Summary: Judges, lawyers, guardian ad litem attorneys, CASA volunteers and others need to keep in mind the agony, hurt and lack of connection that many native youth … Read more
Tribal STAR (Successful Transitions for Adult Readiness) is a program of the San Diego State University School of Social Work, Academy for Professional Excellence. It’s mission is to ensure Tribal foster youth are connected to culture, community and resources. The program does this by providing training and technical assistance to tribes, tribal programs, county social … Read more
More than a year after a controversial National Public Radio investigation into violations of the Indian Child Welfare Act in South Dakota, an ombudsman report judging its accuracy has yet to see the light of day. …From the beginning, though, state officials have called the NPR series misleading. While it’s common for targets of news … Read more
Few decisions made by the state of South Dakota carry the emotional weight of removing a child from a home. For Native American children, whose culture is scarred by a troubling history of forced displacement by whites, the decision has emotional and legal implications. Federal law says native children belong in native homes except in … Read more
With the backing of the American Civil Liberties Union, the Oglala and Rosebud Sioux tribes filed a federal class action today in Rapid City against at least two Department of Social Services employees, Pennington County State’s Attorney Mark Vargo and presiding 7th Circuit Judge Jeff Davis. The tribes and others are challenging what they call … Read more
Three Indian parents and two tribes in South Dakota filed a class-action lawsuit today over repeated violations of their fundamental rights during the separation process of children from their families by state officials. The children were removed from their homes without their parents or tribes getting timely, fair and adequate hearings, as required by law. … Read more
As anticipated, the Department of Justice has filed an amicus brief in Adoptive Couple v. Baby Girl, an Indian Child Welfare Act case that’s before the U.S. Supreme Court. The brief supports Dusten Brown, a member of the Cherokee Nation whose rights are at issue in the case. Government attorneys urged the Supreme Court to … Read more
The Indian Child Welfare Glossary and Flowchart from the National Indian Child Welfare Association provides a 1-page flowchart of ICWA/Child Protective Services accompanied with an 8-page glossary of words that are commonly used in Indian child welfare situations. Find them both at http://www.nicwa.org/Indian_Child_Welfare_Act/glossary.pdf.
Existing Information on Implementation Issues Could Be Used to Target Guidance and Assistance to States U.S. Government Accountability Office GAO-05-290, Apr 4, 2005 Status: Closed – Not Implemented This report describes (1) the factors that influence placement decisions for children subject to ICWA; (2) the extent to which, if any, placements for children subject to … Read more
Produced by the Casey Family Programs, this eight-page Indian Child Welfare Act (ICWA) desk guide is a general reference about the major provisions of the ICWA and the laws and policies regarding the application of the law in different jurisdictions. (Some states provide guidance regarding ICWA in their policy manuals and through training; other states … Read more
In Maine, an unusual and historic process is under way to document child welfare practices that once resulted in Indian children being forcibly removed from their homes. Many of the native children were placed with white foster parents. Chiefs from all five of Maine’s tribes, along with Gov. Paul LePage, have created a Truth and … Read more
The State Bar of Wisconsin’s Indian Law Section is seeking feedback on its plan to file an amicus curiae brief in a U.S. Supreme Court case, Adoptive Couple v. Baby Girl, brought by a couple who attempted to adopt a Native American child. Comments are due by March 20. Read more at http://www.wisbar.org/NewsPublications/Pages/General-Article.aspx?ArticleID=10627
The National Congress of American Indians and the Native American Rights Fund are lining up some major support as the U.S. Supreme Court prepares to hear Adoptive Couple v. Baby Girl, an Indian Child Welfare Act case. At least a dozen briefs will be filed in support of Dusten Brown, a member of the Cherokee Nation whose rights are at issue in the case. Briefs are … Read more
Susan Fedorko was 40 years old when she found her birth family—or rather, when a long-lost sister found her. Her first book,Cricket: Secret Child of a Sixties Supermodel(Outskirts Press, 2012) chronicles Fedorko’s journey from Native American adoptee-turned “white” mother and wife, to a person reunited with her extended family. Read more at http://indiancountrytodaymedianetwork.com/2013/02/26/reclaiming-her-identity-conversation-native-adoptee-and-author-susan-fedorko-147877
On February 20, 2013, the Supreme Court of Wyoming (No. S–12–0155) made a ruling on an issue regarding the Indian Child Welfare Act and guardianship. *1 [¶ 1] Appellant, KC, (“Mother”), challenges the district court’s decision to appoint CC and his wife, EC, (“Grandparents”), as permanent guardians for Mother’s daughter, LNP. Mother contends the guardianship … Read more
The National Indian Child Welfare Association (NICWA) offers a page of resources related to the Indian Child Welfare Act of 1978 (ICWA) at http://www.nicwa.org/Indian_Child_Welfare_Act/. The page includes: NICWA and ICWA Compliance – A description of the way in which NICWA supports tribes in their efforts to effectively address ICWA compliance. Frequently Asked Questions History of … Read more
A South Dakota grandmother comments on the implementation of the Indian Child Welfare Act in her state: As I read on the newspaper sites in Indian Country that Indian Child Welfare Act Summit is coming to South Dakota, National Public Radio writes of the demise of South Dakota taking all these children. I have to … Read more
The National Indian Child Welfare Association offers a number of training materials for purchase. Visit http://www.nicwa.org/resources/curriculum/ to learn more and order materials. Available curriculum include: Module I: Basic Skills in Indian Child Welfare Module I Trainer’s Guide Module II: Protective Services for Indian Children Module II Trainer’s Guide Module III: Indian Extended Family and … Read more
A collaboration between the National Indian Child Welfare Assocation the Western and Pacific Implementation Center (WPIC), and the Central Council of Tlingit and Haida Indian Tribes of Alaska and other tribes, this project addresses the systemic issues that exist in tribal child welfare between the State of Alaska and Alaska Native Tribes. The four year … Read more
The North Dakota Department of Human Services offers a variety of forms for social work professionals, tribal workers, attorneys, and others dealing with adoptions or placements involving American Indian children. You can find the following forms (with descriptions) on their website at http://www.nd.gov/dhs/triballiaison/forms/ : Summary of ICWA Jurisdictional Provisions Notice Pursuant to ICWA Request for … Read more
The Native American Rights Fund (NARF) provides a full legislative history for the Indian Child Welfare Act that includes links to the full text of original bills and enacting laws as well as related hearing, reports and debates. In addition, the page links to more recent reports, such as Indian Child Welfare Act Amendments of … Read more
Organized by the National Indian Child Welfare Association, this is a professional development workshop series designed specifically for American Indian child welfare workers in reservation, urban, and rural settings. It will be held in Minneapolis, MN on March 18-19, 2013. Learn more and register at http://www.nicwa.org/training/institutes/MinneapolisWorkshops.asp. This session will include the following three units: Positive … Read more
See current job opening at the National Indian Child Welfare Association (NICWA) at http://www.nicwa.org/careers/ In addition to current open positions, you can find information about the internship opportunities that NICWA has available. NICWA accepts applications for volunteers or interns to work throughout the organization including membership relations, library science, media/communications, and event planning. Find more … Read more
From the Lakota People’s Law Project website: Indian Child Welfare Act (ICWA) Directors in South Dakota voted 6-0 to submit a report to Congress asserting that the South Dakota Department of Social Service has for over a decade “systematically violated the spirit and the letter of the Indian Child Welfare Act.” ICWA directors are federal … Read more
From the US Department of Health & Human Services, Administration for Children & Families, Children’s Bureau website at http://www.acf.hhs.gov/programs/cb/programs/state-tribal-funding The Children’s Bureau provides matching funds to states, tribes, and communities to help them operate every aspect of their child welfare systems—from the prevention of child abuse and neglect to the support of permanent placements through … Read more
Beginning in October 2011, NPR has created a series of investigative pieces looking at Native American foster care in South Dakota. The pieces raise issues about the ethics of the current system, the historical context of Native American foster, and possible violations of the Indian Child Welfare Act. October, 2011 – Native Foster Care: Lost … Read more
Date: Wednesday, February 13, 2013 Time: 11 a.m. Pacific / 2 p.m. Eastern Presenter: Adrian Smith, JD, MSW, NICWA government affairs associate The U.S. Supreme Court will soon hear the case Adoptive Couple v. Baby Girl, a South Carolina adoption case involving the Indian Child Welfare Act. This high profile and emotionally charged case has garnered significant … Read more
April 7-10, 2013 Tulsa, Oklahoma Conference Goals To highlight successful strategies for developing effective services To reveal the latest and most innovative child and family service delivery practices To highlight tactics and strategies for financing and sustaining services that impact children To showcase strategies for involving youth and families in developing services and policies that … Read more
In response to the Supreme Court’s recent decision to hear Adoptive Couple v. Baby Girl, the New York Times recently featured this discussion of ICWA in its Room for Debate opinion pages. At http://www.nytimes.com/roomfordebate/2013/01/24/adoptive-parents-vs-tribal-rights : Should the adoption of American Indian children receive special consideration, or is it too focused on race? Kevin Noble Maillard, … Read more
From their website at http://www.nicwa.org : NICWA is a private, non-profit, membership organization based in Portland, Oregon. Our members include tribes, individuals—both Indian and non-Indian—and private organizations from around the United States concerned with American Indian child and family issues. NICWA works to address the issues of child abuse and neglect through training, research, public … Read more
The Guide is intended to answer questions and provide a comprehensive resource of information on the Indian Child Welfare Act (ICWA). The online version at http://www.narf.org/icwa was created as a complement to the print version of the Guide, which was printed by the Native American Rights Fund in 2007. While the topical sections are identical … Read more