2016 BIA ICWA Guidelines Released

Here are the 2016 Guidelines. For those keeping track at home February 2015, Updated Guidelines replacing the 1979 Guidelines (No Longer in Effect) June 2016, Federal Regulations released (Became Binding on December 12) December 2016, Updated Guidelines replacing the February 2015 Guidelines What this means: 25 USC 1901 et seq (ICWA) has not changed in …

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Proposed Court Rule in Michigan to Waive Pro Hac Fees and Other Limits for Out of State Tribal ICWA Attorneys

Here. In ICWA cases, the tribe has a right of intervention in whatever state court is hearing the case of the tribal child. While it is true that the “tribal representative” does not have to be attorneys, when they are attorneys, there may be concerns about practicing without finding local counsel or using the local “pro hac” …

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Globe and Mail Article on Cindy Blackstock

Here. “What I saw were children being systemically removed from these communities. And I’d go to these communities, and there was no running water, and people would wonder why the kids weren’t clean, and I’d think maybe someone should do something about the water. We would see the multigenerational impacts of residential schools, and there …

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Grand Traverse Band Defeats Preliminary Injunction in Fifth Federal ICWA-Related Case Challenging Michigan’s ICWA Law

After initially granting a TRO based on an ex parte motion, the Western District of Michigan denied the requested preliminary injunction. The underlying complaint arguing the transfer provisions of the Michigan Indian Family Preservation Act (Michigan’s ICWA law) are unconstitutional. We are collecting documents in this case here. Tweet