Legal Research Tools

Resources that one can use to learn more about ICWA and other Indian child welfare issues.

Child Welfare Policy Manual Updated July 30, 2024

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

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

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

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

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

Bills would ensure guardianship cases in tribal court are eligible for state assistance

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Right now, people who become a child’s legal guardian aren’t eligible for state assistance if their case is in a Michigan tribal court. Two bills in the state legislature would change that. They would extend the financial benefits of the Guardianship Assistance Program to all legal guardians, regardless of what court handles their case. Read … Read more

Northern California County’s Child Welfare System Again Called out by Civil Grand Jury

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A report released Monday by a northern California civil grand jury finds that the local child welfare system routinely misses court deadlines, creating “an unnecessary amount of stress” for children and families — particularly members of tribal communities who are overrepresented in the foster care system. Read the full article at The Imprint.

North Dakota bill seeks to protect Native American adoption rules as court decision looms

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Davis said the potential reversal of ICWA at the federal level adds urgency to her mission to pass a similar state law in North Dakota. The Democratic legislator said all five tribes that share geography with North Dakota were consulted during the drafting of House Bill 1536. Read the full article at InForum.

Justice Department Finds Alaska Unnecessarily Segregates Children with Behavioral Health Disabilities in Institutions

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The department’s investigation found that Alaska’s system of care is heavily reliant on institutions and that key community-based services and supports needed to serve children with behavioral health disabilities in family homes, such as home-based family treatment, crisis services and therapeutic treatment home services, are often unavailable. As a result, many children with behavioral health … Read more

Alaska could see effects of Indian Child Welfare Act challenge heard by Supreme Court

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And because Native children represent about 55% of all children in state custody, Chen says overturning ICWA would have huge implications for Alaska. At the same time, Native people only make up a little over 20% of the population, so there’s a disparity, she says, and a feeling that the state hasn’t done enough to … Read more

The Indian Child Welfare Act: What it is and What’s at Stake

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The law, known as ICWA, includes many other provisions that impact Native families across Indian Country. What ICWA will look like following the Supreme Court’s decision depends on how the justices rule. Amicus curiae briefs filed in the case cover arguments made for and against the law.  Read the full article at Native News Online.

Supreme Court considers fate of landmark Indian adoption law

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The U.S. Supreme Court hears arguments Wednesday in a case that pits several prospective adoptive parents and the state of Texas against the Indian Child Welfare Act — a federal law aimed at preventing Native American children from being separated from their extended families and their tribes. Listen to the full story at the NPR … Read more

Clarence Thomas May Destroy Native Children’s Rights Based on a Lie

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On Wednesday, the Supreme Court will hear arguments in Brackeen v. Haaland, a case engineered to hobble the federal government’s power to protect Native communities from exploitation. The plaintiffs are asking the justices to invalidate the 44-year-old Indian Child Welfare Act, which prioritizes the placement of Native children in custody proceedings with Native families. But they’re … Read more

Hownikan Podcast: Brackeen v. Haaland and the Indian Child Welfare Act

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Kendra Lowden is a Citizen Potawatomi Nation member and Curly family descendant. She works as the Senior Program Associate at the University of Denver’s Graduate School of Social Work. She is the owner of Ghost Thunder Child Welfare Consulting and previously served as the Board President of the Oklahoma Indian Child Welfare Association. Kendra discussed … Read more

Can Indian Country withstand the new Supreme Court?

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On Nov. 9, the eyes of Indian Country will once again turn toward the nation’s capital, where the Supreme Court will hear a challenge to the Indian Child Welfare Act (ICWA), a law passed in 1978 that enshrines tribal governments’ right to oversee foster care placements in cases involving Native children. Read the full article at … Read more

U.S. Representatives Chu and Bacon introduce bipartisan Indian child welfare legislation

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This week, Representative Judy Chu (CA-27) and Representative Don Bacon (NE-02) introduced the bipartisan Strengthening Tribal Families Act, legislation designed to assist state and local child welfare agencies with implementing the Indian Child Welfare Act (ICWA). ICWA, which sets federal standards for abuse or neglect custody proceedings involving native children, lessens the trauma of removal … Read more

Lawyering the Indian Child Welfare Act

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This Article describes how the statutory structure of child welfare laws enables lawyers and courts to exploit deep-seated stereotypes about American Indian people rooted in systemic racism to undermine the enforcement of the rights of Indian families and tribes. Even when Indian custodians and tribes are able to protect their rights in court, their adversaries … Read more

Advocates worry federal law protecting Native adoptees could be overturned by Supreme Court

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For the last 44 years, a federal law called the Indian Child Welfare Act (ICWA) has sought to prevent these situations by prioritizing that Native children adoptees be placed, when possible, with Native relatives or other members within the child’s tribe. But after months of consequential rulings by the U.S. Supreme Court’s right-wing majority, four … Read more

Proposed Legislation: H.R.1566

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H.R.1566 – To amend the Child Abuse Prevention and Treatment Act to require that equitable distribution of assistance include equitable distribution to Indian tribes and tribal organizations and to increase amounts reserved for allotment to Indian tribes and tribal organizations under certain circumstances, and to provide for a Government Accountability Office report on child abuse … Read more

Who Should Be Allowed To Adopt Native American Children?

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Native American tribes got a big win in August when a federal court upheld the Indian Child Welfare Act, a pivotal 1978 law that requires states to prioritize placing Native children in foster or adoptive homes with Native families over non-Native families.  But the decision by a three-judge panel of the U.S. Court of Appeals … Read more

Tribal families get priority in Native American adoptions. An appeals court will decide whether that’s fair.

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In the 40 years since Congress enacted the Indian Child Welfare Act, the law has been criticized in legal challenges that have climbed all the way to the U.S. Supreme Court. But the ICWA, as the act is known, has always prevailed. Now its constitutionality is being questioned again. On Thursday, the U.S. Court of … Read more

‘We’re under attack’: Tribes defend Indian Child Welfare Act in critical case

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After initially deciding the closely-watched case in favor of Indian Country, the 5th Circuit Court of Appeals announced that it will hear the dispute all over again. A larger set of judges will now scrutinize the landmark law but tribal nations remain confident that their sovereign rights and their most precious resource — their children — will win … Read more

Fifth Circuit to Rehear Indian Child Welfare Act Challenge

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

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

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

Protecting Native American Children

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In ‘Brackeen v. Bernhardt’, decided on Aug. 9, 2019, the U.S. Court of Appeals for the Fifth Circuit held that the Indian Child Welfare Act was constitutional. We applaud the Fifth Circuit for upholding this federal law that is vital to safeguarding the welfare of Indian children. Read the full article at the New York … Read more

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

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

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

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

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

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

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

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

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

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

US Supreme Court Denies Review of Arizona Child Welfare Case

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

Navajo Nation v. Department of Child Safety, April 18, 2019 (Court of Appeals of Arizona)

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Synopsis provided by Westlaw: After child, a member of a Native American tribe, was removed from biological mother’s care by Department of Child Safety, mother moved to appoint child’s foster placement, who was not affiliated with child’s family or tribe or any Native American organization, as child’s permanent guardian, and tribe indicated that mother or … Read more

Mitchell v. Preston, April 16,2019 (Supreme Court of Wyoming)

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Synopsis provided by Westlaw: Following extensive litigation in child custody action, 2018 WY 110, 426 P.3d 830, father, an Indian tribe member who kept child on reservation, filed motion to establish jurisdiction in tribal court and motion for change of venue, seeking an order relinquishing permanent child custody jurisdiction to the tribal court. Mother, who was … Read more

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

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

Matter of Guardianship I.L.J.E., December 12, 2018 (Supreme Court of South Dakota)

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Synopsis provided by Westlaw: Brother and sister-in-law of mother killed by child’s father petitioned for guardianship of child, but father requested that his sister, a Native American, be appointed guardian of child, who was an enrolled member of a tribe. The Circuit Court, Third Judicial Circuit, Brookings County, Gregory J. Stoltenburg, J., granted brother and sister-in-law’s … Read more

In re Shirley T., January 3, 2019 (Supreme Judicial Court of Maine)

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Synopsis provided by Westlaw: In child protection proceeding involving children deemed to be Indian children under the Indian Child Welfare Act (ICWA), parents and Indian tribe moved to transfer jurisdiction of matter to Tribal Court. The Portland District Court, Powers, J., denied the motions. Parents appealed. Holding provided by Westlaw: The Supreme Judicial Court, Gorman, J., … Read more

In re Interest of Mercedes L., January 15, 2019 (Court of Appeals of Nebraska)

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Synopsis provided by Westlaw: In child protection proceedings, the County Court, Platte County, Frank J. Skorupa, J., approved a change in permanency objective for mother and each of her six minor children from reunification to guardianship. Mother appealed, and appeals were consolidated. Holdings provided by Westlaw: The Court of Appeals held that: 1) orders issued by … Read more

In re. L.D. v. M.J., January 24, 2019 (Court of Appeals of California)

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Synopsis provided by Westlaw: County department of family and children’s services filed juvenile dependency petition on behalf of nine-year-old child who may have Native Alaskan ancestry. The Superior Court, Santa Clara County, No. 17JD024833, Michael L. Clark, J., found sufficient notice was sent, pursuant to the Indian Child Welfare Act (ICWA), to Athabascan Indian tribe … Read more

In re Interest of Audrey T., January 29, 2019 (Court of Appeals of Nebraska)

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Synopsis provided by Westlaw: State filed an adjudication petition alleging that mother was unable to meet child’s basic needs for care and protection, mother used inappropriate discipline, and mother’s mental-health issues put child at risk of abuse and/or neglect. The County Court, Scotts Bluff County, James M. Worden, J., entered an order placing temporary custody of … Read more

Interest of D.E.D.I, January 31, 2019 (Court of Appeals of Texas)

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Synopsis from Westlaw: Father appealed order of 446th District Court, Ector County, terminating his parental rights to Indian child. Holding from Westlaw: The Court of Appeals, Jim R. Wright, Senior Chief Justice, held that trial court was able to determine that Indian tribe’s representative was qualified as an expert witness. Affirmed. Read the full decision … Read more

Matter of S.R., February 21, 2019 (Supreme Judicial Court of Montana)

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Synopsis provided by Westlaw: Department of Public Health and Human Services petitioned to terminate mother’s parental rights to children. The District Court, Silver Bow County, Brad Newman, J., terminated rights. Mother appealed, arguing that District Court had possessed reason to know that children could have been eligible for tribal enrollment so as to trigger Indian Child … Read more

Appeals Court Hears Case on Adoptions of Native Americans

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

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

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

Colorado is Out of Compliance with Indian Child Welfare Act

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

Stateline: Indian Child Welfare Act Likely Headed to Supreme Court

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

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

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

Media Coverage of Fifth Circuit Hearing in Brackeen v. Bernhardt

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

Utah Signs Inter-Governmental Agreement to Support Navajo Families

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

Tribal Adoption Parity Act Reintroduced

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

2018 ICWA by the Numbers

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

Overwhelming Support for ICWA

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

People in Interest of M.D., November 20,2018 (Supreme Court of South Dakota)

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Synopsis provided by Westlaw: Native American father’s parental rights to child were terminated, following dispositional hearing in the Second Judicial Circuit Court, Minnehaha County, Susan M. Sabers, J., and father appealed. Holdings provided by Westlaw: The Supreme Court, Gilbertson, C.J., held that:1) evidence did not support father’s claim that Department of Social Services (DSS) did not make … Read more

In re E.R., October 10, 2018 (Court of Appeal, Second District, Division 6, California.)

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Synopsis provided by Westlaw: After Nevada juvenile court declined to exercise further jurisdiction after initially sustaining Nevada Department of Family Services (DFS) juvenile dependency petition, California county human services agency (HSA) filed juvenile dependency petitions in California, alleging that mother and father were unable to care for and protect their infant children and repeated allegations … Read more

Matter of L.A.G., October 16, 2018 (Supreme Court of Minnesota)

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Synopsis from Westlaw: Department of Public Health and Human Services filed petition for termination of mother’s parental rights as to her two minor children. Following termination hearing, the District Court, Cascade County, Nos. ADN 16-175 and ADN-16-176, Gregory G. Pinski, P.J., terminated mother’s parental rights. Mother appealed. Holdings from Westlaw: The Supreme Court, Beth Baker, J., … Read more

In re Adoption of Micah H., October 26, 2018 (Supreme Court of Nebraska)

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October 26, 2018 Synopsis from Westlaw: Maternal grandparents and guardians of minor child brought petition seeking to terminate parental rights and to adopt the child whose mother was member of Indian tribe. The County Court, Saunders County, Patrick R. McDermott, J., denied petition. Grandparents appealed.The Supreme Court, 295 Neb. 213887 N.W.2d 859, reversed and remanded. On … Read more

Demetria H. v. State, October 5, 2018 (Supreme Court of Alaska)

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Synopsis provided by Westlaw: Department of Health and Social Services, Office of Children’s Services, (OCS) petitioned to terminate mother’s parental rights to Indian child. The Superior Court, Third Judicial District,Anchorage, Andrew Guidi, J., terminated mother’s parental rights, and she appealed.  Holdings provided by Westlaw: The Supreme Court, Carney, J., held that:1) evidence was sufficient to support trial court’s … Read more

In re N.G., September 21, 2018 (Court of Appeal, Fourth District, Division 2, California.)

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Synopsis provided by Westlaw: After Department of Public Social Services (DPSS) sent Indian Child Welfare Act (ICWA) notices to the Blackfeet Tribe of Montana, the Navajo Nation, the Colorado River Indian Tribes, and the Colorado River Tribal Council, the Superior Court, Riverside County, No. RIJ1100389, Jean P. Leonard, Retired Judge, sitting by assignment, terminated mother’s parental rights. … Read more

In re Beers, September 11, 2018 (Court of Appeals of Michigan)

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Synopsis provided by Westlaw: A petition to terminate mother and father’s parental rights was filed. The Circuit Court, Family Division, Eaton County,No. 15-019320-NA, terminated mother and father’s parental rights. Parents appealed.  Holdings provided by Westlaw: The Court of Appeals, Murphy, P.J., held that:1) the trial court erred in failing to apply the Michigan Indian Family Preservation Act (MIFPA) … Read more

People in Interest of M.D., November 20, 2018 (Supreme Court of South Dakota)

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Synopsis provided by Westlaw: Native American father’s parental rights to child were terminated, following dispositional hearing in the Second Judicial Circuit Court, Minnehaha County, Susan M. Sabers, J., and father appealed. Holdings provided by Westlaw: The Supreme Court, Gilbertson, C.J., held that:1) evidence did not support father’s claim that Department of Social Services (DSS) did not make … Read more

Brackeen v. Zinke, October 4, 2018 (United States District Court, N.D. Texas, Fort Worth Division)

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Synopsis provided by Westlaw: Foster and adoptive parents and states of Texas,Louisiana, and Indiana brought action against United States, United States Department of the Interior and its Secretary, Bureau of Indian Affairs (BIA)and its Director, BIA Principal Assistant Secretary for Indian Affairs,Department of Health and Human Services (HHS) and its Secretary seeking declaration that Indian … Read more

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

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

Responses to ICWA Court Ruling

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

Court Strikes Down Landmark Indian Child Welfare Act Ruling

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

Matter of D.E. August 7, 2018 (Montana)

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Synopsis provided by Westlaw: In child protection proceedings, the District Court, Second Judicial District, Butte/Silver Bow County, Nos. DN-15-75-BN and DN-15-76-BN, Brad Newman, J., terminated mother’s parental rights with respect to two children. Mother appealed, and appeals were consolidated. Holdings provided by Westlaw: The Supreme Court, Gustafson, J., held that: 1) Department of Public Health … Read more

In the Matter of: P.T.D. August 22, 2018 (Montana)

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Synopsis provided by Westlaw: Department of Public Health and Human Services, Child and Family Services Division, filed a petition to terminate putative father’s parental rights to child, who was a member of or eligible for membership in the Fort Peck Indian Tribe. The District Court, 12th Judicial District, Hill County, No. DN-15-010, Daniel A. Boucher, J., … Read more

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

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

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

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

In re C.A., May 23, 2018 (California)

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Synopsis provided by Westlaw: Dependency proceeding was initiated regarding child born with amphetamine and methamphetamine in her system at birth. Following determination that Indian Child Welfare Act (ICWA) did not apply to child’s presumed father or biological father, the Superior Court, San Diego County, No. J519280, Kimberlee Lagotta, J., terminated mother’s parental rights to child. Mother and … Read more

Court dismisses challenge to Indian Child Welfare Act [Carter v. Tahsuda]

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See the following stories: Judge upholds Indian Child Welfare Act (Arizona Daily Sun) 8/7/18,Court rejects challenge to Native American law on adoptions (Arizona Republic) 8/7/18, and Appeals court won’t rule on challenge on Indian Child Welfare Act (Indianz) 8/7/18. Read the court decision at the National Indian Law Library website.

Revised Indian Child Welfare Act; Designated Tribal Agents for Service of Notice

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A Federal Register Notice by the Indian Affairs Bureau made on 6/04/18. The regulations implementing the Indian Child Welfare Act provide that Indian tribes may designate an agent other than the tribal chairman for service of notice of proceedings under the Act. This notice includes the current list of designated tribal agents for service of … Read more

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

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

In Matter of L.D. March 27, 2018 (Montana)

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Synopsis provided by Westlaw: In child protection proceeding, the District Court, Eighth Judicial District, Cascade County, John A. Kutzman, J., terminated mother’s parental rights. Mother appealed. Holdings provided by Westlaw: The Supreme Court, Sandefur, J., held that: 1) Department of Health and Human Services could not passively rely on inaction of Indian tribe to satisfy burden under Indian … Read more

In the Matter of J.W.E., I.W.E., and J.W.E. April 11, 2018 (Oklahoma)

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Synopsis provided by Westlaw: The Department of Human Services filed petition to terminate mother’s parental rights. The District Court, Blaine County, Mark A. Moore, J., terminated mother’s rights and denied her motion for new trial that alleged that Indian Child Welfare Act (ICWA) applied to proceedings. Mother appealed. Holding provided by Westlaw: The Court of Civil Appeals, Jane … Read more

Miccosukee Tribe Ties Child Welfare Case to Violence Against Women

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

In re K.R v. E.K. February 22, 2018 (California)

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Synopsis provided by Westlaw: Dependency proceeding was initiated by county department of public social services regarding three children. The Superior Court, Riverside County, No. SWJ1600319, Judith C. Clark, J., determined that Indian Child Welfare Act (ICWA) did not apply and subsequently terminated mother’s parental rights to children. Holdings provided by Westlaw: The Court of Appeal, McKinster Acting P.J., held … Read more

In Interest of L.H. February 23, 2018 (Colorado)

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Synopsis provided by Westlaw: County department of human services sought to terminate mother’s parent-child legal relationship with her child who had possible Indian heritage. The District Court, Jefferson County, No. 15JV650, Ann Gail Meinster, J., determined that Indian Child Welfare Act (ICWA) did not apply and terminated mother’s parental rights. Mother appealed. Holding provided by Westlaw: The … Read more

Diego K. v. State of Alaska Department of Health and Social Services, February 23, 2018 (Alaska)

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Synopsis provided by Westlaw: Office of Children’s Services (OCS) petitioned for removal of Indian child from parents’ custody. The Superior Court, Fourth Judicial District, Bethel, No. 4SM-14-00002 CN, Dwayne W. McConnell, J., ordered child removed from her parents’ home. Parents appealed. The Supreme Court remanded for additional findings. Following remand, the Superior Court, McConnell, J., issued ordering clarifying … Read more

ICWA case denied at U.S. Supreme Court: R.K.B. et al., v. E.T.

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On March 26, 2018, the U.S. Supreme Court declined to hear this case: R.K.B. et al., v. E.T. Briefs and Pleadings Docket No. 17-942 Question Presented: The Indian Child Welfare Act of 1978, 25 U.S.C. 1901–1963, applies to state custody proceedings involving an Indian child. State courts of last resort are divided on the following … Read more

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

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

New Indian Child Welfare Act Challenges On The Horizon

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

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

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

Court Hears Tribal Challenge to South Dakota Child Removals

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

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

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

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

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

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

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

In the Interest of K.G. and A.R., November 29, 2017 (Colorado)

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Synopsis provided by Westlaw: Department of human services moved for an allocation of parental responsibilities of two children from mother to children’s aunt and uncle. The District Court, Mesa County, Valerie J. Robinson, J., entered an order allocating parental responsibilities, and did not address any applicability of the Indian Child Welfare Act (ICWA). Mother appealed. Holdings … Read more

In the Interest of K.S.D. , December 7, 2017 (North Dakota)

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Synopsis provided by Westlaw: County Social Services filed petition to terminate mother’s and father’s parental rights to Native American children. The Juvenile Court, Grand Forks County, Northeast Central Judicial District, Jon J. Jensen, J., terminated father’s parental rights, and father appealed. Holdings provided by Westlaw: The Supreme Court, Stacy J., Louser, District Court Judge, sitting for Jensen, J., disqualified, … Read more

R.K.B. et al., v. E.T. (Case Petitioned to the U.S. Supreme Court on 12/29/17.)

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Briefs and Pleadings Docket No. 17-942 Question Presented: The Indian Child Welfare Act of 1978, 25 U.S.C. 1901–1963, applies to state custody proceedings involving an Indian child. State courts of last resort are divided on the following critical question, a question that likely affects thousands of adoption proceedings each year, and on which this court … Read more

Article: Are you my father? Adopting a federal standard for acknowledging or establishing paternity in state court ICWA proceedings

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Title: Are you my father? Adopting a federal standard for acknowledging or establishing paternity in state court ICWA proceedings. Author: Heiner, Kevin Source: 117 Colum. L. Rev. 2151 (2017) Contact the National Indian Law Library if you need help obtaining a copy of the article.

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

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

Historic Alaska Tribal Child Welfare Compact Signed

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

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

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

2017 Report on Disproportionality of Placements of Indian Children

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

A.D. v. Washburn, March 16, 2017 (U.S. Dis. Court, Arizona)

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Legal Topics: Indian Child Welfare Act – Unconstitutional Related News Stories: Indian Child Welfare Act survives attack from conservative groups (Indianz) 3/21/17 (Turtle Talk material), ICWA: Goldwater case thrown out of federal court (Indian Country Today) 3/21/17 Read the full decision at the National Indian Law Library website.  

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

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

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

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

Court rejects challenge to law safeguarding Native children and families

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

Revised Indian Child Welfare Act; Designated Tribal Agents for Service of Notice

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A Federal Register Notice by the Indian Affairs Bureau made on 3/08/17. The regulations implementing the Indian Child Welfare Act provide that Indian tribes may designate an agent other than the tribal chairman for service of notice of proceedings under the Act. This notice includes the current list of designated tribal agents for service of … Read more

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

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

State, County Officials Appeal Ruling on Native Children Case

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

In re Charlotte V., November 1, 2016, (California)

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Read the full decision at the National Indian Law Library website. Synopsis from Westlaw: County child welfare agency filed dependency petition. The Superior Court, Los Angeles County, No. CK81121, Emma Castro, Commissioner, terminated parental rights. Mother appealed. Holding from Westlaw: The Court of Appeal, Bigelow, P.J., held that agency provided adequate ICWA notice to conclude … Read more

Guardianship of C.H.S., November 22, 2016, (Oklahoma)

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Read the full copy of the decision at the National Indian Law Library website. Synopsis from Westlaw: Cherokee Nation filed petition to transfer guardianship action regarding Indian children to Cherokee Nation District Court, to which children’s guardians objected. The District Court, Okfuskee County, Lawrence W. Parish, J., denied transfer. Cherokee Nation appealed. Holding from Westlaw: … Read more

In re O.C., November 22, 2016, (California)

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Read the full decision at the National Indian Law Library website. Synopsis from Westlaw: County children and family services agency filed petition against mother and father to terminate their parental rights to minor children, who potentially had Indian heritage. Following hearing, the Superior Court, Mendocino County, Nos. SCUK-JVSQ-14-1702501 and SCUK-JVSQ-14-1702601, David Riemenschneider, J., found both … Read more

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

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

Case petitioned to U.S. Supreme Court: R.P. v. LA County Department of Children and Family Services

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R.P. v. LA County Department of Children and Family Services U.S. Supreme Court Briefs and Pleadings Docket No. 16-500 Question Presented: The questions presented are: (1) Whether ICWA applies where the child has not been removed from an Indian family or community. (2) Whether ICWA’s adoptive placement preferences, 25 U.S.C.1915(a), require removal from a foster … Read more

United Auburn Indian Community of the Auburn Rancheria v. Edmund G. Brown, Jr., October 13, 2016, (California)

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Read a full copy of the decision at the National Indian Law Library website. Synopsis provided by Westlaw: State moved to terminate natural mother’s parental rights, default order was entered against mother, and Indian tribe intervened after mother became enrolled citizen of tribe. The District Court, Rogers County, Stephen R. Pazzo, J., granted tribe’s motion … Read more

In re Alexandria P., July 8, 2016 (California)

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Synopsis provided by Westlaw: County department of children and family services (DCFS) filed dependency petition on behalf of child, who was considered an Indian child under Indian Child Welfare Act (ICWA) and, after child was placed with foster family and efforts to reunify child with father failed, DCFS, father, and Indian tribe recommended that child … Read more

In re Abbigail A. , July 14, 2016 (California)

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Synopsis provided by Westlaw: County department of health and human services filed dependency petitions as to two children. The Superior Court, Sacramento County, Nos. JD232871 and JD232872, Paul L. Seave, J., directed counsel to make reasonable efforts to enroll the children and their father in a tribe which had notified the court that they were … Read more

In re Andrew S., August 15, 2016 (California)

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Synopsis provided by Westlaw: Child dependency proceeding was commenced. The Superior Court, Los Angeles County, No. DK11636, Philip L. Soto, J., found jurisdiction over the children and removed them from parental custody, and father appealed. Holdings provided by Westlaw: The Court of Appeal, Perluss, P.J., held that: 1) father’s failure to provide children with support, … Read more

In re Michael V., September 14, 2016 (California)

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Synopsis provided by Westlaw: County child welfare agency filed dependency petition as to two daughters. The Superior Court, Los Angeles County, No. DK02646, Zeke D. Zeidler, J., terminated parental rights and transferred care, custody, and control of the daughters to the county child welfare agency for adoptive planning and placement. Mother appealed. Holding provided by … Read more

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

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

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

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

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

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

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

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

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

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

Arizona Court Upholds Adoption by Non-Indian Family

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

Walker Signs Two Bills into Law

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

DOI Announces Trainings on New ICWA Regulations

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Dear Tribal Leader: We would like to invite you and/or your child welfare designee to trainings on the recently published final regulations governing the Indian Child Welfare Act (ICWA). The final ICWA rule was published in the Federal Register on June 14, 2016 (see 81 Fed. Reg. 38778), and takes effect on December 12, 2016. … Read more

Article: Killing the policy to save the child: Comparing the historical removal of Indigenous children in Australia to the United States and how the countries can learn from each other

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Title: Killing the policy to save the child: Comparing the historical removal of Indigenous children in Australia to the United States and how the countries can learn from each other Author: Pollom, Drew Source: American Indian Law Journal Vol. 4, p. 256-296 (2016)

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

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

Study of Coordination of Tribal TANF and Child Welfare Services: Final Report

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WASHINGTON, June 23 — The U.S. Department of Health and Human Services’ Administration for Children and Families’ Office of Planning, Research and Evaluation issued the following report: This report details 14 tribes and tribal organizations’ implementation of service coordination efforts across Tribal TANF and child welfare services. It describes the tribes and tribal organizations, explores … Read more

Media Coverage of the New ICWA Regulations

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

New Indian Child Welfare Act Regulations Published in the Federal Register

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RULES AND REGULATIONS DEPARTMENT OF THE INTERIOR Bureau of Indian Affairs (6/14/16) Indian Child Welfare Act Proceedings See: 81 FR 38777 SUMMARY: This final rule adds a new subpart to the Department of the Interior’s (Department) regulations implementing the Indian Child Welfare Act (ICWA), to improve ICWA implementation. The final rule addresses requirements for State … Read more

Obama signs bill protecting children in tribal foster care

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SIOUX FALLS, S.D. — President Barack Obama on Friday signed into law a measure meant to bolster protections for Native American children placed into the tribal foster care system. The law, which comes years after serious flaws were uncovered in the child welfare system of a Native American tribe in North Dakota, requires background checks … Read more

New Federal Rules on Comprehensive Child Welfare Information System

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RULES AND REGULATIONS DEPARTMENT OF HEALTH AND HUMAN SERVICES Office of the Secretary Administration for Children and Families (6/2/16) Comprehensive Child Welfare Information System 81 FR 35449, (PDF) SUMMARY: This final rule replaces the Statewide and Tribal Automated Child Welfare Information Systems (S/TACWIS) rule with the Comprehensive Child Welfare Information System (CCWIS) rule. The rule … Read more

Article: What is Measured is What is Done: Methods to Measure Compliance with the Indian Child Welfare Act.

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Title: What is Measured is What is Done: Methods to Measure Compliance with the Indian Child Welfare Act. Author: Williams, Jason R. et al. Cite: 4 American Indian Law Journal 502 (2016) Enacted more than three and a half decades ago, the Indian Child Welfare Act (ICWA or “Act”) of 1978 is one of the … Read more

State v. Central Council of Tlingit and Haida Indian Tribes of Alaska, March 25, 2016 (Alaska)

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Synopsis provided by Westlaw: Central Council of Tlingit and Haida Indian Tribes filed action against state, seeking declaratory judgment that its tribal court system had subject matter jurisdiction over child support matters and seeking an injunction requiring the state’s child support enforcement agency to recognize tribal courts’ child support orders. The Superior Court, First Judicial … Read more

In re Doe, March 24, 2016 (Idaho)

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Synopsis provided by Westlaw: Mother’s parental rights were terminated by the Second Judicial District Court, Nez Perce County, Michelle Evans, Magistrate Judge, and she appealed. Holdings provided by Westlaw: The Supreme Court, W. Jones, J., held that: 1) trial court’s determination that mother neglected child was supported by substantial and competent evidence; 2) Department of … Read more

In re Adoption of B.T.S. , March 7, 2016 (Oklahoma)

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Synopsis provided by Westlaw: Prospective adoptive parents filed a petition for adoption which also sought to terminate mother and father’s parental rights and an order determining that child was eligible for adoption without mother’s consent. The District Court, Cherokee County, Sandy Crosslin, J., determined child was eligible for adoption without mother’s consent. Mother appealed. Holding … Read more

Judge in South Dakota Sanctioned in Indian Child Welfare Act Case

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

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

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

Proposed Federal Regulation on Adoption and Foster Care Analysis and Reporting System

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PROPOSED RULES DEPARTMENT OF HEALTH AND HUMAN SERVICES Administration for Children and Families (4/7/16) Adoption and Foster Care Analysis and Reporting System 81 FR 20283, (PDF) SUMMARY: On February 9, 2015, the Administration for Children and Families (ACF) published a Notice of Proposed Rulemaking (NPRM) to amend the Adoption and Foster Care Analysis and Reporting … Read more

In re Interest of Tavian B., February 19, 2016 (Nebraska)

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Background from Westlaw: State filed petition to terminate the parental rights of mother and father to their purportedly Indian children. Father sought transfer of proceedings to Tribal Court. Prior to juvenile court’s ruling on motion to transfer, the state withdrew its motion to terminate parental rights. The Separate Juvenile Court, Lancaster County, Reggie L. Ryder, … Read more

State in Interest of M.D., January 7, 2016 (Utah)

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Synopsis from Westlaw: A petition to terminate father’s parental rights to his three Indian children was filed. The Third District Juvenile Court, Salt Lake Department, No. 1094548, Charles D. Behrens, J., terminated parental rights. Father appealed. Holdings from Westlaw: The Court of Appeals held that evidence supported finding that the State made active efforts to … Read more

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

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

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

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

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

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

ICWA: Victory for Tribes as Judge Reaffirms South Dakota Decision

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

Gila River Indian Community v. Department of Child Safety, December 8, 2015 (Arizona)

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Synopsis provided by Westlaw: Indian community moved to change child’s custody from foster home to aunt. After an evidentiary hearing, the Superior Court, Maricopa County, No. JD 510468, Shellie F. Smith, Judge Pro Tem, denied the motion. Holdings provided by Westlaw: The Court of Appeals, Downie, J., held that: [1] as a matter of first … Read more

In re Doe, February 1, 2016 (Idaho)

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Synopsis provided by Westlaw: In adoption proceedings in which Indian tribes intervened, claiming the child at issue was an Indian child protected by the Indian Child Welfare Act (ICWA), the 7th Judicial District Court, Bonneville County, Ralph L. Savage, Magistrate Judge, determined that child was not an Indian child, granted adoption, and granted attorney fees … Read more

Federal Judge Dismisses Anti-ICWA Suit

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

In re K.M., November 20, 2015 (California)

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Synopsis provided by Westlaw: In a dependency proceeding, the Superior Court, Orange County, No. DP024561, Craig E. Arthur, J., terminated parental rights to child. Mother and father appealed. While the matter was still pending on appeal, the Superior Court issued a post judgment order finding that the county child welfare agency complied with the Indian … Read more

Disenrollment from Pala Band Affects Children in ICWA Case

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

In re Candace A., November 9, 2015 (California)

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Synopsis from Westlaw: County child welfare agency filed dependency petition. The Superior Court, Los Angeles County, Valerie Skeba, No. DK05991, Juvenile Court Referee, issued jurisdiction findings and disposition order declaring child a dependent of the juvenile court and removing her from parents’ custody. Parents appealed. Holdings from Westlaw: The Court of Appeal, Perluss, P.J., held … Read more

Jennifer L. v. State Department of Health and Social Services, August 28, 2015 (Alaska)

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Synopsis provided by Westlaw: After Office of Children’s Services (OCS) took three minor children into emergency custody, a standing master determined that no probable cause existed and recommended that children be returned to mother’s custody. Following remand from the Supreme Court, 2014 WL 1888190, the Superior Court, Fourth Judicial District, Aniak, Douglas Blankenship, J., rejected … Read more

In re M.R., September 17, 2015 (North Dakota)

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Synopsis provided by Westlaw: Father appealed from decision of the Juvenile Court, Cass County, East Central Judicial District, Susan J. Solheim, Judicial Referee, terminating his parental rights. Holdings provided by Westlaw: The Supreme Court, Kapsner, J., held that: (1) juvenile court’s finding that the conditions and causes of child’s deprivation were likely to continue was … Read more

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

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

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

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

State, Feds Defend Tribal Adoption Law

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

Couples Sue Over Tribal Adoption Hurdles

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

In re I.R., July 28, 2015, (Maine)

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Synopsis provided by Westlaw: The Department of Health and Human Services initiated child protection proceedings with regard to mother’s child. The District Court, Portland, Powers, J., entered judgment terminating mother’s parental rights. Mother appealed. Holdings provided by Westlaw: The Supreme Judicial Court held that: (1) the Indian Child Welfare Act (ICWA) did not apply to … Read more

In re I.B. v. W.H., August 11, 2015, (California)

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Synopsis provided by Westlaw: County Department of Children and Family Services filed juvenile dependency petition. After petition was sustained at jurisdictional hearing, the Department provided notice of the action to certain Indian tribes pursuant to the Indian Child Welfare Act (ICWA). Following six-month review hearing, the Superior Court, Los Angeles County, No. CK76502, Timothy Saito, … Read more

ICWA Defense Project Memo, July 29, 2015

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The National Indian Child Welfare Association, Native American Rights Fund, National Congress of American Indians and the ICWA Appellate Clinic at Michigan State University College of Law have published a memo covering: Synopsis of recent attacks on the Indian Child Welfare Act (ICWA) How can tribes and allies work together to help defend ICWA See … Read more

Proposed rule to revise the Statewide and Tribal Automated Child Welfare Information System regulations

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The Administration for Children and Families proposes to revise the Statewide and Tribal Automated Child Welfare Information System regulations. This proposed rule will remove the requirement for a single comprehensive system and allow title IV-E agencies to implement systems that support current child welfare practice. It also proposes to establish requirements around design, data quality, … Read more

War of Words: ICWA Faces Multiple Assaults From Adoption Industry

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

In re P.R., May 12, 2015, (California)

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Synopsis provided by Westlaw: County health and human services agency filed dependency petition. The Superior Court, Shasta County, No. 13JVSQ2966501, Molly A. Bigelow, J., sustained jurisdictional allegations, terminated reunification services, terminated parental rights, selected a permanent plan of adoption, and found that the child was not placed within Indian Child Welfare Act (ICWA) preferences because … Read more

In re K.J.B., June 11, 2015, (Washington)

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Synopsis provided by Westlaw: In child protection proceeding, the Yakima Superior Court, David A. Elofson, J., terminated father’s parental rights. Father appealed. Holdings provided by Westlaw: The Court of Appeals, Lawrence-Berrey, J., held that: (1) state satisfied notice requirements of Indian Child Welfare Act (ICWA) by notifying Bureau of Indian Affairs (BIA), but not “Blackfoot” … Read more

In re the Adoption of T.A.W., July 7, 2015, (Washington)

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Synopsis provided by Westlaw: Indian mother and her husband petitioned to terminate non-Indian biological father’s parental rights to Indian son and to allow husband to adopt son. The Superior Court, Pacific County, Douglas E. Goelz, J., granted petition. Father appealed. Holdings provided by Westlaw: The Court of Appeals, Maxa, J., held that: (1) father could … Read more

In re Jassenia H., June 12, 2015, (Nebraska)

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Synopsis provided by Westlaw: After juvenile court granted state agency temporary custody of child and ordered that she be removed from mother’s care, State filed a petition for adjudication alleging that child lacked proper parental care and/or that child was in a situation dangerous to life or limb or injurious to her health or morals. … Read more

Goldwater Institute Files Anti-ICWA Case

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

ALERT: Online Press Conference Tuesday, July 7

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

TRC Report Asserts Cultural Genocide Practiced in Maine

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

Native American Education Goes to Congress: 7 Bills to Watch

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

Congress Passes Two Bills to Help Protect Native Children

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

Payton S. v. State of Alaska, Department of Health and Social Services, may 1, 2015, (Alaska)

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Synopsis provided by Westlaw: The Office of Children’s Services (OCS) sought to terminate parental rights to Indian children. The Superior Court, Fourth Judicial District, Bethel, Dwayne W. McConnell, J., terminated parental rights. Parents appealed. Holdings provided by Westlaw: The Supreme Court, Maassen, J., held that: (1) even though the trial court erred by entering an … Read more

Lavallie v. Lavallie, March 24, 2015, (North Dakota)

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Synopsis provided by Westlaw: After mother assigned her right to recover benefits paid by state for Indian child, the state sought to impose future child support obligation on father, and to recover a judgment for support expended to mother on behalf of child. The District Court, Rolette County, Michael G. Sturdevant, J., denied purported father’s … Read more

New Challenge to Native American Adoption Rules

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

A Research and Practice Brief: Measuring Compliance with the Indian Child Welfare Act.

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Measuring Compliance with the Indian Child Welfare Act is a research and practice brief published by: Casey Family Programs, the Center for Regional Tribal Welfare Studies at UMN, Duluth, the National Council of Juvenile and Family Court Judges, and the Minneapolis American Indian Center. Read the full copy of this 20 page report at the … Read more

May 19 Deadline to Comment on Proposed Regulations

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

Judge in Indian Child Welfare Case Asks Court to Reconsider

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

Investing in the Future of American Indian and Alaska Native Students

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

Governor Announces Planned Change for Adoption Process of Alaska Native Children

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

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

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

Indian Country Braces for Battle With Adoption Industry Over ICWA Guidelines

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

GAO Report on Tribal Title IV-E Foster Care Programs, (February 2015)

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The United States Government Accounting Office has issued a report on challenges faced by tribes to carry out title IV-E foster care programs. Indian tribes developing title IV-E foster care programs faced resource constraints and reported challenges adopting some program requirements. According to GAO’s interviews with tribal and Department of Health and Human Services (HHS) … Read more

New Jersey Div. of Child Protection and Permanency v. K.T.D., February 20, 2015, (New Jersey)

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Synopsis provided by Westlaw: State Division of Child Protection and Permanency petitioned to terminate mother’s parental rights to child with Native American ancestors. The Superior Court, Chancery Division, Family Part, Camden County, terminated parental rights. Mother appealed. Holding provided by Westlaw: The Superior Court, Appellate Division, O’Connor, J., held that trial court was required to … Read more

In re H.G., February 24, 2015, (California)

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Synopsis provided by Westlaw: County human services agency filed dependency petition. The Superior Court, Ventura County, Nos. J068715 & J069080, Bruce A. Young, J., granted petition and terminated parental rights. Parents appealed. Holding provided by Westlaw: The Court of Appeal, Perren, J., held that noncompliance with Indian Child Welfare Act (ICWA) required reversal. Reversed and … Read more

In re KMN, February 26, 2015, (Michigan)

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Synopsis provided by Westlaw: County human services agency filed dependency petition. The Superior Court, Ventura County, Nos. J068715 & J069080, Bruce A. Young, J., granted petition and terminated parental rights. Parents appealed. Holding provided by Westlaw: The Court of Appeal, Perren, J., held that noncompliance with Indian Child Welfare Act (ICWA) required reversal. Reversed and … Read more

Sylvia L. v. State of Alaska, February 20, 2015, (Alaska)

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Indian Law Bulletins  | State Courts Synopsis provided by Westlaw: Office of Children’s Services (OCS) petitioned to terminate mother’s parental rights with regard to one Indian and two non-Indian children. Following a bench trial, the Superior Court, Third Judicial District, Anchorage, Patrick J. McKay, J., terminated mother’s parental rights with regard to the three children, and … Read more

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

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

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

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

Comments Sought on New BIA ICWA Rules

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

Alaska Requests More Time to Consider Position in ICWA Dispute

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

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

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

Tribes asking federal court to force judge to disclose communications

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

NICWA webinar on new ICWA guidelines: Friday, March 13

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

In re S.B.C., December 30, 2015 (Montana)

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Synopsis: The Department of Public Health and Human Services, Child and Family Services Division, sought permanent legal custody of Indian child with right to consent to adoption. The District Court, Missoula County, Edward P. McLean, P.J., terminated both parents’ rights to the child, and granted the Department permanent legal custody with right to consent to … Read more

Ebert v. Bruce L., January 22, 2015 (Alaska)

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Synopsis: Prospective parents petitioned to adopt Indian child over objection of biological father. The Superior Court, Third Judicial District, Palmer, Eric Smith, J., denied petition. Prospective parents appealed. Holding: The Supreme Court, Bolger, J., held that: (1) no serious conflict existed between state statute governing adoption and Indian Child Welfare Act (ICWA), such that ICWA … Read more

In re Doe, January 23, 2015 (Idaho)

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Synopsis provided by Westlaw: Mother of Native American child appealed from order of the District Court, Third Judicial District, Payette County, Brian D. Lee, Magistrate Judge, terminating mother’s parental rights. Holding provided by Westlaw: The Supreme Court, J. Jones, J., held that substantial and competent evidence supported finding that state made active efforts to prevent … Read more

In re H.T., February 10, 2015 (Montana)

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Synopsis provided by Westlaw: Department of Public Health and Human Services filed petition to terminate mother’s parental right to Indian child after emergency foster care placement. The Eighth Judicial District Court, Cascade County, Julie Macek, J., terminated parental rights. Mother appealed. Holdings provided by Westlaw: The Supreme Court, Beth Baker, J., held that: (1) mother’s … Read more

In re ARW, February 19, 2015 (Wyoming)

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Synopsis provided by Westlaw: Prospective adoptive parents filed a petition to terminate father’s parental rights. The District Court of Natrona County, Daniel L. Forgey, J., terminated parental rights. Father appealed. Holding provided by Westlaw: The Supreme Court, Burke, C.J., held that: (1) evidence supported determination that the Indian Child Welfare Act (ICWA) did not apply … Read more

New Jersey Div. of Child Protection and Permanency v. K.T.D., February 20, 2015 (New Jersey)

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Synopsis provided by Westlaw: State Division of Child Protection and Permanency petitioned to terminate mother’s parental rights to child with Native American ancestors. The Superior Court, Chancery Division, Family Part, Camden County, terminated parental rights. Mother appealed. Holding provided by Westlaw: The Superior Court, Appellate Division, O’Connor, J., held that trial court was required to … Read more

In re H.G., February 24, 2015 (California)

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Synopsis provided by Westlaw: County human services agency filed dependency petition. The Superior Court, Ventura County, Nos. J068715 & J069080, Bruce A. Young, J., granted petition and terminated parental rights. Parents appealed. Holding provided by Westlaw: The Court of Appeal, Perren, J., held that noncompliance with Indian Child Welfare Act (ICWA) required reversal. Reversed and … Read more

1979 Bureau of Indian Affairs ICWA Guidelines Updated

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The Bureau of Indian Affairs has updated the Guidelines for State Courts and Services in Indian Child Custody Proceedings. These updated guidelines provide guidance to State courts and child welfare agencies implementing the Indian Child Welfare Act’s (ICWA) provisions in light of written and oral comments received during a review of the Bureau of Indian … Read more

Article: The teach ICWA initiative: an action plan

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The teach ICWA initiative: an action plan. González, Lizbeth, 86-APR N.Y. St. B.J. 31-32 (March/April 2014) Indian Child Welfare Act compliance protects Native traditions and families; noncompliance can have far-reaching and even tragic consequences. Consider these suggestions so you can play a greater role in increasing ICWA compliance within your local, state and national community… … Read more

Article: The real meaning of ICWA noncompliance

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The real meaning of ICWA noncompliance. González, Lizbeth, 86-APR N.Y. St. B.J. 29-30 (March/April 2014) During my tenure as Director of Legal Services of the American Indian Law Alliance, then located at the American Indian Community House in Manhattan, I represented several expatriated Native young adults. Their protracted attempts to reunite with their people had … Read more

Article: Best interests of an Indian child

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Best interests of an Indian child. Herne, Peter J., 86-APR N.Y. St. B.J. 22-25 (March/April 2014) Family law treatises summarize New York’s “Best Interest of a Child” standard as follows: 1. Maintaining stability for the child(ren) 2. Child(ren’s) wishes 3. Home environment with each parent 4. Each parent’s past performance….. Read the full article here.

Article: Adopting biology plus in federal Indian law: Adoptive Couple v. Baby Girl’s refashioning of ICWA’s framework

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Adopting biology plus in federal Indian law: Adoptive Couple v. Baby Girl’s refashioning of ICWA’s framework. Fadia, Shreya A., 114 Colum. L. Rev. 2007-2044 (December 2014) This Note argues that the Supreme Court’s decision in Adoptive Couple v. Baby Girl creates an apparent tension in federal Indian law. The Court’s characterization of the broader aims … Read more

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

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

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

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Synopsis from Westlaw: Father filed emergency motion to modify custody after State initiated Child In Need of Aid (CINA) action against mother. Tribal council which had issued original custody order was permitted to intervene. The Superior Court, Third Judicial District, Anchorage, Andrew Guidi, J., awarded father primary physical custody. Council appealed. Holding from Westlaw: The … Read more

In re Interest of Shayla H., November 14, 2014, (Nebraska)

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Synopsis provided by Westlaw: The Department of Health and Human Services (DHHS) initiated dependency proceedings concerning father’s three Native American children. The Juvenile Court, Lancaster County, Linda S. Porter, J., adjudicated children as dependent, and subsequently entered dispositional order the DHHS had made reasonable efforts at reunification, but that it was in best interests of … Read more

Department of Human Services v. M.D., November 13, 2014 (Oregon)

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Synopsis from Westlaw: In child protection case involving Indian child, the Circuit Court, Jackson County, Patricia Crain, J., entered order determining that Department of Human Services (DHS) made active efforts to provide remedial services and rehabilitative programs designed to prevent the breakup of an Indian family. Mother appealed. Holding from Westlaw: The Court of Appeals, … Read more

Chloe W. v. State, Dep’t of Health & Social Serv., and Office of Children’s Serv., November 7, 2014 (Alaska)

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Synopsis from Westlaw: The Office of Children’s Services (OCS) petitioned to terminate mother’s parental rights to Indian child. The Superior Court, First Judicial District, Juneau, Louis J. Menendez, J., terminated parental rights. Mother appealed. Holdings from Westlaw: The Supreme Court, Fabe, C.J., held that: (1) counsel’s decision to enter into a stipulation as to psychiatrist’s … Read more

In re M.H., November 7, 2014 (Kansas)

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Synopsis provided by Westlaw: Father appealed order of the District Court, Shawnee County, Jean M. Schmidt, J., terminating his parental rights. Holdings provided by Westlaw: The Court of Appeals, Leben, J., held that: (1) state sufficiently proved that it had complied with requirement of Indian Child Welfare Act (ICWA); (2) clear and convincing evidence showed … Read more

Native American Kids Need More Protection, Advisory Panel Tells Holder

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A panel of Indian-country experts will recommend to Attorney General Eric H. Holder Jr. on Tuesday that tribes be allowed to criminally prosecute non-Indians who sexually or physically abuse Native American children on tribal land, saying that juveniles on reservations are living with “dire” levels of violence and poverty. Read the full article at the … Read more

Ending violence so children can survive: A report from the Attorney General’s Advisory Committee on American Indian and Alaska Native Children Exposed to Violence

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The Washington Post reports: A panel of Indian-country experts will recommend to Attorney General Eric H. Holder Jr. on Tuesday that tribes be allowed to criminally prosecute non-Indians who sexually or physically abuse Native American children on tribal land, saying that juveniles on reservations are living with “dire” levels of violence and poverty. See the … Read more

Dinwiddie Dep’t of Social Services v. Nunnally, October 31, 2014 (Virginia)

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Synopsis provided by Westlaw: Department of Social Services (DSS) filed petitions for foster care plans with the goal of adoption and to terminate parental rights of father and Indian mother. Indian tribe filed a motion to intervene and filed a motion to transfer jurisdiction to tribal court under the Indian Child Welfare Act (ICWA). The … Read more

In re L.S., J.R., et al. October 24, 2014 (California)

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Synopsis provided by Westlaw: County Health and Human Services Agency filed dependency petition alleging children were at risk. Following contested dispositional hearing, parents filed motion to modify bypass order and sought reunification services.The Superior Court, El Dorado County, Nos. SDP20130007 & SDP20130008, Dylan M. Sullivan, Court Commissioner, denied the motion, terminated parental rights, and selected … Read more

In re McCarrick/Lamoreaux, October 23, 2014 (Michigan)

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Synopsis: (from the opinion) “This consolidated child welfare dispute involves three dockets. In Docket No. 315510, respondent-mother, M. McCarrick, appeals of right the trial court’s March 13, 2013 order removing her three minor children from her home. In Docket No. 317403, McCarrick appeals of right the trial court’s June 28, 2013 order removing her minor … Read more

In the matter of L.M., October 22, 2014 (Oregon)

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Synopsis provided by Westlaw: In child dependency proceedings, parents appealed judgment of the Circuit Court, Douglas County, William A. Marshall, J., changing the permanency plan for their child from reunification to adoption. Holding provided by Westlaw: The Court of Appeals, Ortega, P.J., held that: (1) permanency hearing was not a key juncture in which due … Read more

C.F. v. The Superior Court, October 1, 2014 (California)

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Background provided by Westlaw: Child dependency proceeding was commenced. The Superior Court, Mendocino County, Nos. SCUKJVSQ 13–16775, SCUKJVSQ 13–16776, SCUKJVSQ 13–16777, Cindee F. Mayfield, J., issued order setting a permanent plan hearing, and mother petitioned for extraordinary relief. Holdings provided by Westlaw: The Court of Appeal, Rivera, J., held that: 1) Court of Appeal would … Read more

In re M.S. , September 30, 2014 (Montana)

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Synopsis provided by Westlaw: Department of Public Health and Human Services filed petition to terminate parental rights of mother and Indian father to Indian child. Notice was given to father’s tribe, and tribe intervened. The petition was dismissed and then refiled. Mother voluntarily relinquished her parental rights. The Eighth Judicial District Court, County of Cascade, … Read more

In re Francisco D., September 29, 2014 (California)

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Synopsis provided by Westlaw: County department of children and family services (DCFS) filed dependency petition. The Superior Court, No. CK98476, Los Angeles County, Jacqueline Lewis, Referee, sustained jurisdictional allegations and removed child from adoptive mother’s care. Mother appealed.  Holding provided by Westlaw: The Court of Appeal, Kitching, J., held that: (1) child’s sister had been … Read more

Department of Justice holds meeting (and webcast) 11/18/14 in DC to review and release findings & recommendations of their report on children exposed to violence.

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Justice Department (DOJ); Office of Justice Programs (OJP); Coordinating Council on Juvenile Justice and Delinquency Prevention (F.R. Page 56405) – Meeting (Webcast of meeting also available.) TIME: 10:30 a.m. EVENT: Justice Department (DOJ); Office of Justice Programs (OJP); Coordinating Council on Juvenile Justice and Delinquency Prevention (F.R. Page 56405) holds a meeting of the Coordinating … Read more

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

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

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

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

Senate Passes Preventing Sex Trafficking and Strengthening Families Act

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

In re Isaiah W., August 8, 2014 (California)

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Synopsis provided by Westlaw: Department of Children and Family Services filed a petition alleging that mother’s and father’s illicit drug use placed child at risk of harm. After terminating parents’ reunification services and setting a hearing on the termination of parental rights, the Superior Court, Los Angeles County, No. CK91018, Jacqueline H. Lewis, J., entered order … Read more

Article: Protecting Native mothers and their children: a feminist lawyering approach.

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Protecting Native mothers and their children: a feminist lawyering approach. Joanna Woolman, Volume 40, William Mitchell Law Review, page 943-989. (2014). A mother killing her child is a shocking event. In the United States, our child protection system seeks to prevent this type of horror, along with countless other acts that harm children. Despite having … Read more

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

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

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

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

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

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

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

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

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

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

Billie v. Stier, April 25, 2014 (Florida)

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Synopsis provided by Westlaw: After unmarried mother who was member of Indian tribe filed custody petition in tribal court, father filed custody petition in circuit court. The Circuit Court, Miami–Dade County, entered order determining that it had jurisdiction pursuant to the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA). Mother filed petition for writ of … Read more

In re Interest of Shayla H. et al., May 20, 2014 (Nebraska)

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Synopsis provided by Westlaw: The Department of Health and Human Services (DHHS) initiated dependency proceedings concerning father’s three children. The Juvenile Court, Lancaster County, Linda S. Porter, J., entered dispositional order ordering a change of family therapist, declined to return legal custody of the children to father, and made specific ordered related only to father. … Read more

In the Matter of Abbigail A. June 16, 2014 (California)

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Synopsis from Westlaw: County department of health and human services filed  dependency petitions as to two children. The Superior Court, Sacramento County, Nos. JD232871 & JD232872, Paul L. Seave, J., directed counsel to make reasonable efforts to enroll the children and their father in a tribe which had notified the court that they were eligible … Read more

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

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

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

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

Hale Fights to Ensure Indian Child Welfare Act Law is Followed by New Arizona Department of Child Safety

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PHOENIX, May 29 — Arizona Democratic legislators issued the following news release: Rep. Albert Hale, D-St. Michaels (District 7), worked with Sen. Carlyle Begay, D-Ganado (District 7), and Rep. John Kavanagh, R-Fountain Hills (District 23), to ensure language requiring compliance with the federal Indian Child Welfare Act was added to recently passed legislation that will … Read more

Senate Committee Passes Bipartisan Bill to Stand Up for Native American Children

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May 21, 2014: During a Senate Committee vote today, U.S. Senator Heidi Heitkamp’s bipartisan bill to create a Commission on Native Children overwhelmingly passed – the final step before the bill goes to the full Senate. Since the bill was introduced a few months ago, Heitkamp has worked to build strong support for it. The … Read more

Swept Away: An In-Depth Look at Oglala Sioux Tribe v. Van Hunnik

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This on-going series from the Indian Country Today Media Network examines Oglala Sioux Tribe v. Van Hunnik, which charges South Dakota State and local Pennington County officials with violating the rights of Indian parents and tribes in child custody proceedings. Although the State of South Dakota appeared to be flagrantly operating outside the scope of the … Read more

In re R.L.-P., A.L.-P., R.L.-P., and L.L.-P, February 13, 2014, (North Dakota)

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Synopsis from Westlaw: Mother’s and father’s parental rights were terminated by District Court of Burleigh County, South Central Judicial District, Sonna M. Anderson, J., and they both appealed. Holding from Westlaw: The Supreme Court, Sandstrom, J., held that: (1) judicial referee’s fact findings were subject to Supreme Court review for clear error; (2) children remained … Read more

Molly O. v. State, Dep’t of Health and Social Services, Office of Children’s Services, March 14, 2014, (Alaska)

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Synopsis provided by Westlaw: Department of Health and Social Services, Office of Children’s Services (OCS), took emergency custody of three children and petitioned to terminate mother’s parental rights. The Superior Court, Fourth Judicial District, Fairbanks, Douglas Blankenship, J., denied mother’s motion to join grandmother, and grandmother’s motion to intervene as the children’s Indian custodian. Grandmother … Read more

In re J.S. March 25, 2014, (Montana)

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Synopsis provided by Westlaw: Department of Public Health and Human Services filed petition for legal guardianship, seeking to award guardianship of Indian child, who had been adjudicated a youth in need of care, to foster parents. The District Court, 20th Judicial District, Lake County, Deborah Kim Christopher, J., granted petition. Child’s father appealed. Holdings provided … Read more

Veronica’s Birth Mom Drops Challenge to Indian Child Welfare Act

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Baby Veronica’s birth mother has filed a voluntary dismissal of a federal lawsuit against the Cherokee Nation and the U.S. government, which requested that parts of the Indian Child Welfare Act be declared unconstitutional, attorneys in the case announced Tuesday. Read the full article at the Tulsa World website and related articles at Indian Country … Read more

Circuit Judges Accused of Ignoring Federal Judge’s Order in Suit Over Native Children Custody Hearings

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A federal judge wants to know why some South Dakota state judges are refusing to turn over transcripts in Indian Child Welfare Act cases. As part of a lawsuit filed by the Oglala Sioux Tribe and the Rosebud Sioux Tribe, the state agreed to provide the transcripts. The transcripts are needed to determine whether Indian … Read more

Article: Protecting the rights of indigenous and multicultural children and preserving their cultures in fostering and adoption

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Protecting the rights of indigenous and multicultural children and preserving their cultures in fostering and adoption. Mark Anderson. Volume 52 Family Court Review, page 6. (2014) Article excerpt: This article examines transracial/cultural placement of children for fostering and adoption as discussed within the context of expert evidence in applications for permanent placement. Transracial/cultural placement raises the … Read more

A Survey and Analysis of Select Title IV-E Tribal-State Agreements including Template of Promising Practices

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The Association on American Indian Affairs, with support from Casey Family Programs, recently released their report,  A Survey and Analysis of Select Title IV-E Tribal-State Agreements including Template of Promising Practices. From the report: This report provides a detailed analysis of Title IV-E tribal-state agreements, which includes an overall summary of the status of current … Read more

Senate passes Child Care and Development Block Grant Act of 2014

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Thursday (March 13), the United States Senate passed the bipartisan Child Care and Development Block Grant Act of 2014, legislation that includes Senator Mazie K. Hirono’s measures for Native Hawaiian children. The bill updates and improves the Child Care Development Block Grant (CCDBG) program created in 1990, which provides states with federal funding to help … Read more

Senate Indian Affairs Committee Oversight Hearing: “Early Childhood Development and Education in Indian Country”

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Date: 02/26/2014 02:30 PM Type: Oversight Hearing Watch the video of the hearing at the Senate website (coverage begins at 10:15 of the video). Panel 1 Ms. Linda K. Smith Deputy Assistant Secretary and Inter-Departmental Liaison-for Early Childhood Development, Administration for Children and Families, U.S. Department of Health and Human Services, Washington, DC View Testimony … Read more

Human Rights to Culture, Family, and Self-Determination: The Case of Adoptive Couple v. Baby Girl

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Kristen Carpenter and Lorie Graham have contributed a chapter in the forthcoming  Indigenous Rights In International Law (Kirchner and Policastrin, Eds.).  It looks at the international human rights issues raised by the Supreme court’s decision in Adoptive Couple v. Baby Girl. Abstract: The well-being of indigenous children is a subject of major concern for indigenous … Read more

New Publication – Indian Child Welfare Act Facts and Fiction

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ICWA Facts and Fiction is a new publication of the National Council of Juvenile and Family Court Judges (NCJFCJ). Visit the NCJFCJ website for a copy of this resource published in December, 2013. See also other related NCJFCJ publications. The Tribal Judicial Leadership Group, coordinated by the NCJFCJ and Casey Family Programs, and comprised of tribal … Read more

Nebraska Legislature Considers Bill That Would Help Prevent the Breakup of Native Families

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Nebraska has the third-highest rate of Native children in foster care, said Lincoln Sen. Colby Coash, who introduced the Nebraska bill on behalf of the State-Tribal Relations Committee. . . . His bill would require state agencies to reach out to all tribes from which a Native child may be descended when a child who … Read more

Federal Judge Rules Lawsuit over Treatment of South Dakota Indian Parents and Tribes Can Move Forward

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A federal court has ruled that a lawsuit charging state and local officials with violating the rights of Indian parents and tribes in state child custody proceedings can go to trial. The American Civil Liberties Union filed the lawsuit in March 2013 along with the ACLU of South Dakota and Dana Hanna of the Hanna … Read more

Department of Health and Human Services v. J.G., January 2, 2014, (Oregon)

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Synopsis provided by Westlaw: “Department of Human Services moved to appoint Indian child’s current foster parent as child’s legal guardian. The Circuit Court, Klamath County, Cameron F. Wogan, J., granted motion. Mother appealed.” View the decision at the National Indian Law Library website.

In re Jayden D. and Dayten J., January 14, 2014, (Nebraska)

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Excerpt from the opinion: “Yolanda W., formerly known as Yolanda O., appeals from the decision of the separate juvenile court of Lancaster County, which denied her motion to transfer the termination of parental rights proceeding in this juvenile case to tribal court. Because we find that the State failed to establish good cause to deny … Read more

State v. B.B. December 19, 2013, (North Dakota)

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Synopsis provided by Westlaw: “After tribal court awarded custody of Native American child to his Native American maternal grandmother, State brought action against child’s non-Indian father, seeking an adjudication of paternity, an award of future child support, and an order requiring father to reimburse State for public assistance provided to child’s grandmother. The District Court, … Read more

Lawsuit Against California Districts Allege Abuse of Native Students

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[T]wo federal lawsuits [were] filed December 18 by the American Civil Liberties Union of Northern California against two Humboldt County School Districts—Eureka City and Loleta Union—that accuse school officials of perpetuating systemic physical, emotional and sexual abuse of Native American and African-American students. … “This lawsuit was really a last resort,” Nelson said. “It’s been … Read more

New Law Review Article on “Baby Veronica” case and the Indian Child Welfare Act

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Indian Child Welfare Act — Termination of Parental Rights —Adoptive Couple v. Baby Girl  127 Harvard Law Review 368 (November 2013) In the decades leading up to 1978, large numbers of Indian families were broken up through forced adoption or foster-care placement of Indian children, usually in non-Indian homes.1 To stem this “wholesale removal of … Read more

Dana Hanna: Courts Continue to Violate ICWA in South Dakota (Native Sun News)

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Earlier this year, the Oglala and Rosebud Sioux Tribes and three Indian mothers filed a lawsuit in federal court in Rapid City on behalf of all parents of minor Indian children in Pennington County. That lawsuit, Oglala Sioux Tribe v. Van Hunnik, charges that the South Dakota Department of Social Services (DSS), the Pennington County … Read more

Hearing of the Advisory Committee of the Attorney General’s Task Force on American Indian/Alaska Native Children Exposed to Violence

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Summary from the Federal Register: This is an announcement of the first hearing of the Advisory Committee of the Attorney General’s Task Force on American Indian/Alaska Native Children Exposed to Violence (hereafter referred to as the AIAN Advisory Committee). The AIAN Advisory Committee is chartered to provide the Attorney General with valuable advice in the … Read more

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

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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

Senate Bill Proposes Examining Native Youth Issues

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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

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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

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

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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)

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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)

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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

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

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Synopsis provided by Westlaw: “The Office of Children’s Services (OCS) filed a petition to terminate mother’s parental rights to child. The Superior Court, Third Judicial District, 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)

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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.

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

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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

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

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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

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

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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)

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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

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

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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

NARF Files Civil Rights Case Filed on Behalf of Baby Veronica

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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

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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”

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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

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

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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)

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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

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

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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

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

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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

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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

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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)

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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

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

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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

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

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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.

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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

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

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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

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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

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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

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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

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

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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

Mississippi – Choctaw Memorandum of Understanding Related to ICWA

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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

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

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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

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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

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

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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”

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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

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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

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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”

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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

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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”

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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

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

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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)

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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

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

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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)

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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)

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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

2005 ICWA Report on Targeting Guidance and Assistance

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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)

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

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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)

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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

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

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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

Two Reports to Congress from the South Dakota ICWA Directors

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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

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

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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

A Practical Guide to the Indian Child Welfare Act

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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