Federal Court Rules on Jurisdiction relating to the Indian Child Welfare Act

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

Utahn Hopes to Recruit American Indian Foster Families

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

Senate Bill Proposes Examining Native Youth Issues

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

New U.S. Legislation Introduced to Help Native American Children

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 (NM) Awarded $1.2 million for Indian Students

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

Nominees to Serve on the Bureau of Indian Education Advisory Board for Exceptional Children Notice Posted in Federal Register

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

Kyle S. v. State, Dep’t of Health & Social Services, October 4, 2013 (Alaska)

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

A Guide to the Supreme Court Decision in “Adoptive Couple v. Baby Girl” (NICWA, AAIA)

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

April 2014 – Positive Indian Parenting, Train the Trainers (NICWA, Florida)

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

Register Now — 32nd Annual NICWA Conference: April 13-16, 2014

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

Spirit Lake Social Services Shutdown Causes Worry

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 Sioux Move to Rescue Children, Accuse State of Genocide

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

Chloe O. v. State, Dep’t of Health & Social Services, Office of Children’s Services, September 20, 2013 (Alaska)

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

Claudio P. v. State, Dep’t of Health & Social Services, Office of Children’s Services, September 20, 2013 (Alaska)

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.

Summer 2013 Edition of NICWA News Available Online

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

Latest Media Coverage of “Baby Veronica” Case

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

Thompson v. Fairfax County Department of Family Services, September 10, 2013 (Virginia)

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

Latest Media Coverage of “Baby Veronica” Case

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)

Head Start 2013 Tribal Consultations

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

Okla. tribe awarded custody of infant in case compared to SC couple’s adoption dispute

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

Latest Media Coverage of “Baby Veronica” Case

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)

UN Expert Urges Respect for the Rights of Cherokee Child in Custody Dispute

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

Latest Media Coverage of “Baby Veronica” Case

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

Latest Media Coverage of “Baby Veronica” Case

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)

Trial opens in Spirit Lake child deaths

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

Trafficking Native Children: The Seamy Underbelly of U.S. Adoption Industry

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

In challenging tribal court, state backs man convicted of beating his wife (Anchorage Daily News)

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

Latest Media Coverage of “Baby Veronica” Case

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

In re D.N. August 14, 2013 (California)

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

Recent Media Coverage of “Baby Veronica” Case (8/19/13)

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

Pilot Project for Tribal Jurisdiction Over Crimes of Domestic Violence, DOJ Notice of 6/14/13

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

Christopher C. v. State Department of Health & Social Services Office of Children’s Services, June 28, 2013 (Alaska)

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

NPR Series on South Dakota Indian Foster Care Revisited and Critiqued by Ombudsman

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

Recent Media Coverage of “Baby Veronica” Case

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

Media Coverage of Veronica Case as SC Court Orders Immediate Transfer of Child

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 ‘Disgusted’ Over Judge’s Actions in Veronica Case

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

Challenge to child’s adoption fails (Supreme Court, “Baby Veronica”)

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

Media Coverage of Recent Decision by SC Family Court Finalizing Baby Veronica Adoption

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

NARF Files Civil Rights Case Filed on Behalf of Baby Veronica

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

Baby Veronica’s Birth Mother Sues to Declare ICWA Provisions Unconstitutional

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

Tribal Leaders and Organizations Denounce the South Carolina Supreme Court’s Decision and Announce Pursuit of Civil Rights Lawsuit for “Baby Veronica”

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

Support Grows for Tribal Control in Child Welfare

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.

Opinion: Broken Promises by Senator Byron Dorgan (NYT)

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

Child custody case tests jurisdiction of Miccosukee, Miami-Dade courts (Miami Herald)

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

Michigan Court Won’t Apply ICWA to Non-Recognized Indians (indianz.com)

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

American Indian Enhancement Project Toolkit

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

Vision from the Bench to Fulfill the ICWA Promise

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

Latest News Coverage of Recent Supreme Court Decision in “Adoptive Couple v. Baby Girl”

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

NICWA Webinar: Understanding the Decision in “Adoptive Couple v. Baby Girl” (recording available)

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

Resolution in Support of Tribal Courts from National Association for Court Management

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

News Stories on the “Adoptive Couple v. Baby Girl” Decision from the U.S. Supreme Court

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

U.S. Supreme Court Reverses and Remands Adoptive Couple v. Baby Girl to S.C. Supreme Court

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

Disproportionality Rates for Children of Color in Foster Care 2013 Technical Assistance Bulletin

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

ICWA Resource Page (California Courts)

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

Invitation to Apply for FY 2013 Support to the Attorney General’s Task Force on AI/AN Children Exposed to Violence

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

House Bill Introduced to Recognize Indian Tribal Governments for Purposes of Identifying Children With Special Needs

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

ICWA Educational Video Now Available Online

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

DOI official: Governments must work together on ICWA

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

In the Matter of K.B. and T.B., Supreme Court of Montana, May 15, 2013

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

In the Matter of D.S.B. and D.S.B., Supreme Court of Montana. April 30, 2013.

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

LA Courts to Mandate Tribal Sign Off in Psych Drugs Prescribed to American Indian Children

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

Editorial: State Wrongly Demonized in ICWA Debate

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

Colorado Court of Appeals Rules Against Transfer of Case to Tribal Court

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

Lakota to file UN Genocide Charges Against US

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

Court Decisions Show ICWA Can Work, for Better or Worse

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

South Dakota Files Motion to Dismiss Tribes’ ICWA Lawsuit

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

Letter from Bryan Samuels, Commissioner of the ACYF to Tribes and States

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.  

Coverage of Great Plains ICWA Summit, May 2013 (NPR)

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

Native Sun News: County’s ICWA abuses called ‘shocking’

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.

Child Care Administrative Data Analysis Grants (Application Deadline: 6/24/2013)

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

May 15-17, 2013: BIA to Host Summit on Native Foster Care in Rapid City, SD

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

“Adoptive Couple v. Baby Girl:” Two-and-a-Half Ways To Destroy Indian Law (Michigan Law Review)

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

Immaculate Conception Parish Raises Funds to Help Children of Ojibwe Tribe in Minnesota

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

Funding Details: Native Hawaiian and American Indian Non-profit Organization Child Care Grants

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

A Supreme Court case about a little known law could be a big deal for Michigan’s kids

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

Mississippi – Choctaw Memorandum of Understanding Related to ICWA

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

Contexualization of ICWA (MSNBC)

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

Continuing Media Coverage of “Baby Veronica” Case

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

Justice Dept Honors Healing Arts Program for Tribal Sexual Assault Victims

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

April 23, 2013 Petition for Cert Filed in “Nebraska v. Elise M. ” (12-1278)

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

Stephens v. Arkansas Dep’t of Human Services; No. CA 12–1096. Court of Appeals of Arkansas, April 17, 2013

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

Group proposes changes to Indian adoption law (Tulsa World)

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

Media Coverage of the Supreme Court Hearing in “Adoptive Couple v. Baby Girl”

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

Tribal Customary Adoption Case in California’s Third District Court of Appeal

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

Due Diligence Radio Program about “Adoptive Couple v. Baby Girl”

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

Commentary on “Adoptive Couple v. Baby Girl” in Michigan Law Review

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

Supreme Court Transcript Now Available

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

Politico Op-Ed from Echohawk, Pata, and Cross about “Adoptive Parents v. Baby Girl”

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

April 15, 2013: Teleconference on ICWA Supreme Court Case

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 Press Release on “Adoptive Couple v. Baby Girl”

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

NICWA’s Terry Cross: In Defense of Dusten Brown

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

Rally in Support of Indian Child Welfare Act (Native Sun News)

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.

NARF, NCAI, and NICWA coordinate filing of amicus (friends of the court) briefs in “Adoptive Couple v. Baby Girl”

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

Court Documents for “Adoptive Couple v. Baby Girl” (12-399)

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

April 25, 2013: Strengthening and Healing Our Children, Families and Community through Tribal-State Collaboration

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

Well-Being of Native Children and Youth in Foster Care: Leave No American Indian Child Behind!

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

Program: Tribal STAR (Successful Transitions for Adult Readiness)

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

South Dakota disputes NPR report on placement (Argus Leader)

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

Tribes host press conference on alleged violations of Indian Child Welfare Act (Rapid City Journal)

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

South Dakota Parents and Tribes Sue Over Unlawful Separation of Children From Families (ACLU)

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

DOJ submits brief in support of Cherokee father in ICWA case (Indianz.com)

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

Resource: Glossary of ICWA-Related Terms (NICWA)

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.

2005 ICWA Report on Targeting Guidance and Assistance

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

Resource: ICWA Desk Guide (Casey Family Programs)

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

Maine, Tribes Seek ‘Truth And Reconciliation’ (NPR)

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

Indian Law Section Requests Input on Amicus Brief in Adoption Case

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

Tribes line up support as Supreme Court takes up ICWA dispute (Indianz.com)

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

Reclaiming Her Identity: A Conversation With Native Adoptee and Author Susan Fedorko (Indian Country Today)

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

In re Guardianship of LNP, Supreme Court of Wyoming , Feb. 20, 2013

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

ICWA Resource Page (NICWA)

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

Letter: Help keep native families together (Argus Leader)

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

Training Materials Available for Purchase (NICWA)

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

Alaska Child Welfare Disproportionality Reduction Project

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

Forms: Indian Child Welfare Act (MN Dept of Human Services)

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

Legislative History of the Indian Child Welfare Act of 1978 (NARF)

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

March 18-19, 2013: NICWA Training Series (MN)

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

NICWA Job Postings

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

Two Reports to Congress from the South Dakota ICWA Directors

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

Tribal Funding from the Children’s Bureau

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

NPR News Investigations: Native American Children In Foster Care

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

Feb 13, 2013 Webinar: Understanding “Adoptive Parents v. Baby Girl”

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 2013 — 31st Annual Protecting Our Children National American Indian Conference on Child Abuse and Neglect

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

Adoptive Parents vs. Tribal Rights (New York Times)

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

About The National Indian Child Welfare Association (NICWA)

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

A Practical Guide to the Indian Child Welfare Act

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