On this date in 1978, President Carter signed the Indian Child Welfare Act into law. Senator Abourezk introduced the bill to the Senate on April 1, 1977, and the Senate voted on it on November 4, 1977. Interestingly, while Sen. Goldwater supported the purpose of the bill, he did not vote on the Senate’s version …
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 For those keeping track at home February 2015, Updated Guidelines replacing the 1979 Guidelines (No Longer in Effect) June 2016, Federal Regulations released (Became Binding on December 12) December 2016, Updated Guidelines replacing the February 2015 Guidelines What this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 …
This is the sixth full commentary on “The New Trail of Tears” (TNToT), a book written by Naomi Schaefer Riley (NSR or the author). The announcement post is here. The first commentary, “Framed by a Friend,” is here. The second commentary, “Turning Indian History against Indians,” is here. The third commentary, “Indians are Saudi Arabia, Not Israel (Oh, and Crying …
Here. This is a long post, but there’s some data at the end! The Oklahoma Supreme Court wins favorite sentence in an ICWA case of 2016: “Appellants’ [State of Oklahoma and foster mother] unlearned understanding of what is binding case law and attempts to broaden holdings of this Court, the United States Supreme Court [Adoptive Couple v. …
Here is “A History Lesson“: An excerpt: Reformers are still trying to save Indian children by taking them away from Indian families and tribes. Mr. Sandefur would rather force Indian children into state court systems by undoing ICWA, perhaps because they can be more easily plucked from state systems by the private adoption market. There …
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 …
Fletcher (again) on ICWA in Cato Unbound | Turtle Talk Here is “A Civics Lesson.” An excerpt: In legal analysis, facts matter, and so it is time to return to the war on facts in this series. Mr. Sandefur still tries to attack ICWA in the Alexandria P. matter, even though California law that applies …
Kristen Carpenter has published “Indian Status Is Not Racial: Understanding ICWA as a Matter of Law and Practice” as part of the CATO Unbound series on the Indian Child Welfare Act. An excerpt: On August 31, 2013, a little girl clad in a purple shawl, holding the hands of her father and stepmother, skipped into the …
Fletcher on ICWA at Cato Unbound | Turtle Talk Here is “Limit Government Intrusion in Indian Families’ Lives.” This essay is part of a series of online essays at Cato Unbound on the Indian Child Welfare Act. Excerpts: The Indian Child Welfare Act (ICWA) restricts government intervention in Indian families’ lives, imposes important obligations on …
From the docket: The writ of supersedeas was denied. Here. The application to transfer the case out of the court of appeals and directly to the California Supreme Court was also denied. Here. The underlying appeal against the placement order remains open in the California court of appeals. Here. What is a writ of supersedeas? …
Because of the recent media attention to ICWA, here’s a quick update and clarification of some legal details: ICWA has not been amended, updated, or changed. Ever. The same language that Congress passed in 1978 is the same language in effect today. In 2015 the Bureau of Indian Affairs updated the ICWA Guidelines for State Courts for …
Here. PDF copy here. From the end of the article: An Interior spokeswoman said Congress has determined it “is in the best interests of an Indian child to keep that child…with the child’s parents,” extended family and tribal community. Kathryn Fort, a lawyer with the Indigenous Law and Policy Center at Michigan State University, defends …