Tags » ICWA

Adoption and Foster Care Analysis and Reporting System (AFCARS) Notice of Proposed Rule Making. Again.


We cannot currently track on a national level in any way how ICWA works, where children who are involved in ICWA cases are placed, what their outcomes are, or how many cases are transferred to tribal court, as examples. 100 more words

Author: Kate E. Fort

Cert Stage Briefing Completed on Carter v. Sweeney (frmly A.D. v. Washburn)[ICWA]

This is otherwise known as the Goldwater litigation, the second federal case filed back in 2015 in Arizona.

Documents are here


Arizona Court of Appeals Requires Qualified Expert Witness in Guardianships [ICWA]


Although ICWA does not explicitly recognize “permanent guardianships,” a comparison of Arizona’s statute for permanent guardianship and ICWA’s definition for a “foster care placement” shows that ICWA applies in permanent guardianships.

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Author: Kate E. Fort

Column on Wayne County and ICWA in Chronicle for Social Change


Some notes.

It’s a federal requirement to inquire about a child’s tribal citizenship regardless of state law. There are eight states with comprehensive state ICWA laws (the article is missing California and Wisconsin), and that doesn’t count states that have incorporated the regulations into law (Louisiana) or have… 446 more words

Author: Kate E. Fort

Fletcher: "Indian Children and the Fifth Amendment"

Forthcoming in the Montana Law Review’s Browning Symposium issue, available at SSRN here.

An excerpt:

Many of my first memories revolve around my grandmother Laura Mamagona’s apartment in Grand Rapids, Michigan.

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Author: Matthew L.M. Fletcher

Transfer to Tribal Court [ICWA] Decision out of New York

Opinion here

The child’s attorney opposed the transfer, and the appellate court supported the decision of the Family Court to transfer to the tribe.


Brackeen v. Zinke, the case challenging ICWA’s constitutionality, explained

In March, oral argument was heard at the Fifth Circuit Court of Appeals on an appeal of a federal district court judge in Texas, who ruled that the Indian Child Welfare Act (ICWA) was unconstitutional. 1,651 more words

Native American Law