Some states are working to enshrine their own versions of the federal Indian Child Welfare Act ahead of the anticipated U.S. Supreme Court decision that could overturn the policy. But Utah isn’t one of them.
Read the full article at KUER.
Utah’s eight sovereign tribes push for support on HB40, a bill that would codify the federal Indian Child Welfare Act of 1978, or ICWA, into Utah law.
Read the full article at the Salt Lake Tribune website.
If the law is stricken, Utah legislators talked Tuesday about plans to enact a nearly identical version statewide that would codify the same preference for continuing to place Native kids with Native foster parents. The Native American Legislative Liaison Committee voted unanimously in support of running that bill for the upcoming session that starts in January.
Read the full article at The Salt Lake Tribune.
Legal Topics: Indian Child Welfare Act – Jurisdiction; Indian Child Welfare Act – Domicile
Read the full decision at the National Indian Law Library website.
More than 40 years after the federal law took effect, the child welfare system continues to absorb a disproportionate number of Native American children nationally and in Utah, noted Alisa Lee, Indian child welfare program administrator for the Utah Division of Child and Family Services.
Data provided by Lee’s office shows that roughly 5% of the total 4,659 children in the Utah foster care system are Native American, though census figures indicate just 1% of the state’s population belongs to the demographic group.
Read the full article at the Deseret News website.
February 5, 2019
Yesterday, 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 principles of the Indian Child Welfare Act (ICWA). It states the intent to support the fundamentals of ICWA, to adhere to the tribal processes concerning families and children, and to ensure that when a Navajo child is unable to return home, they will be placed with a Navajo family.
Read the full press release and related news coverage at the Utah Office of the Attorney General website.
Legal Topics: Indian Child Welfare Act – Application of
Read the full decision at the National Indian Law Library website.
Utah tribal leaders gathered in the community of Wendover, Utah to discuss issues that would affect tribes at the state and national level, such as the Indian Child Welfare Act and voting issues that includes inefficient polling sites and a lack of language interpreters to aid non-English speaking Navajo people in San Juan County, Utah.
Read the full press release at the Navajo Nation Council website.
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 prevent the breakup of father’s Indian family and to reunify father with his children.
Affirmed.
Read the full decision at the National Indian Law Library website.
Ft. Duchesne-Hosted by the Ute Tribe
Conference Presentations will focus on the theme Our Culture, Our Children, Our Children , specifically:
•Trends in Indian child welfare and what specifically can be done to make a difference.
•A practical application of the Indian Child Welfare Act and the child’s best interest.
•What happens when a child is transferred from state to tribal jurisdiction.
•Tools and techniques to mending the balance of communication in family meetings.
•The recruitment of Native American foster homes.
•Utah’s efforts to lead the way in state/tribe collaboration.
•The voice of the children: A youth panel.
There is no cost to attend, however registration is necessary to get accurate lodging and meal counts:
For more information, contact Utah Foster Care’s Native American Foster Family Recruiter Brandi Sweet-Tsosie at (877) 505-5437.
Brandi Sweet is a member of the Turtle Mountain Band of Chippewa Indians of North Dakota, but that heritage is only partly why she is a perfect fit for the newly created post of American-Indian foster family recruiter at Utah Foster Care.
Sweet knows what it is like to be a child in foster care. She was one.
Read more at the Salt Lake Tribune website.
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.
