Montana Gov. Greg Gianforte has signed legislation giving Native American families preference in fostering and adopting Native children involved with child protective services, a proactive move to protect such rights as the U.S. Supreme Court considers a case that could undercut them nationally.
Wyoming Gov. Mark Gordon last week signed legislation codifying the Indian Child Welfare Act into state law. A similar bill is moving through the Montana Legislature.
The Supreme Court of Montana has ruled that the Indian Child Welfare Act applies to third party custody arrangements in which a Native American parent allows the courts to place their child in the care of a family member. The ruling overturns previous case law in the state that had said ICWA did not apply in these types of custody agreements made privately among family members without child welfare involvement.
The Yellowstone County District Court is working to improve the outcome for Native children with the Indian Child Welfare Act Court launched 18 months ago with Judge Rod Souza presiding. It is one of only six ICWA courts in the nation.
When social workers take a Crow, Northern Cheyenne, Assiniboine or Sioux child from their parents in Yellowstone County, 75 percent go to live somewhere with a Native connection — mostly to relatives …
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 the kids’ father.
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 Child Welfare Act (ICWA) to actively investigate and ultimately make formal inquiry with tribe for conclusive determination of child’s tribal membership eligibility, and
2) trial court could not rely on mother’s stipulation or acquiescence that the Indian Child Welfare Act (ICWA) did not apply to child to satisfy its threshold duty to obtain conclusive determination from Indian tribe of child’s tribal eligibility. Reversed and remanded.
Read the full decision at the National Indian Law Library website.
Bonnie Littlesun is raising eight children, all but one of whom are her grandkids, and she wouldn’t have it any other way.
“They’re crazy,” she said, laughing. It was midmorning and she had a brief break while her grandbaby slept and the others were at school. The kids range in age from 13 months to 18 years old.
“The important thing to remember is that you’re not saving these children,” Walksalong said. “You’re helping them.”
Walksalong began in October working as CASA’s Indian Child Welfare Act program coordinator. Part of her job is helping programs like the Center for Children and Families and Child and Family Services, understand the cultural background of Native American children.
U.S. Bureau of Indian Affairs officers escorted two children off an American Indian reservation in Montana where their grandmother brought them amid a custody dispute, bringing the federal government into a clash between state and tribal courts.
[Montana U.S. Attorney Michael] Cotter and D-o-J’s Administrator of the Office of Juvenile Justice and Delinquency Prevention, Robert Listenbee, discuss the scourge of violence on some tribal communities and what’s being done about it.
Holding provided by Westlaw: “The Supreme Court, Brian Morris, J., held that evidence supported finding that the Department made active efforts to reunify child with her parents.
Affirmed.”
Read the case at the National Indian Law Library website.
The Montana Supreme Court ruled that the state Department of Health and Human Services made sufficiently active efforts to reunify children with mother, as prerequisite to termination of mother’s parental rights, under Indian Child Welfare Act (ICWA). Read the opinion on the National Indian Law Library website.
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.
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 breakup of an Indian family as required by the ICWA.
Whether the record contains sufficient evidence that the children would likely suffer severe emotional or physical harm if parental custody was maintained.
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 to the print version, the electronic copy has links to thousands of state and federal resources (cases, laws, etc.). In addition to the materials available in the original 360 page print edition, the online version includes more recent cases and a short list of recent ICWA news.
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.
