The Fifth District Court of Appeals has issued a stay in the case involving an October federal district court decision that struck down the Indian Child Welfare Act (ICWA). The decision means that states must follow ICWA […]
As we reported last week, several tribes have appealed the recent ruling striking down the Indian Child Welfare Act (ICWA), and are asking the Fifth Circuit Court of Appeals to issue a stay on the lower court’s […]
Several tribes have formally appealed last month’s decision in a federal district court that the 40-year-old Indian Child Welfare Act (ICWA) is in part unconstitutional. In Brackeen v. Zinke, U.S. District Judge Reed O’Connor ruled […]
A federal judge in Texas this week denied a stay of his previous ruling on the Indian Child Welfare Act in the Brackeen vs. Zinke lawsuit, saying the defendants failed to demonstrate that harm or injury […]
Late last week, a federal judge ruled that the Indian Child Welfare Act (ICWA) was unconstitutional, leaving in jeopardy a 40-year-old law meant to protect a tribe’s ability to prevent the removal of children from […]
In the late 1960s, while employed by the Association on American Indian Affairs (AAIA), a New York-based attorney named Bertram Hirsch was sent to North Dakota to assist with a kinship dispute case on behalf […]
As California Gov. Jerry Brown (D) prepares to leave office at the end of the year, the last round of child welfare legislation under his watch includes a new law to ease the path of […]
A federal judge has declared unconstitutional a 40-year-old law that was passed to protect against the separation of American Indian children from their families and tribes by state-run child welfare systems. In Brackeen v. Zinke, […]
A new $37.3 million juvenile diversion fund signed by Gov. Jerry Brown (D) in his 2018-2019 budget represents the first-ever state program specifically designed to help keep at-risk young people out of the justice system and prevent incarceration. […]
The United States Court of Appeals for the Ninth Circuit ruled last Monday that a lawsuit in Arizona challenging the Indian Child Welfare Act was moot, dismissing the challenge without an opinion on the plaintiffs’ assertions […]
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