Reconsideration Motions Filed in Federal ICWA Case

The Defendants in the Oglala Sioux Tribe v. Van Hunnik federal class action have all requested that the Court reconsider it’s most recent order, which granted summary judgment to the Plaintiffs on essentially all issues.  The reconsideration documents are available on Turtle Talk, and linked below.  The briefs (documents 168, 171, & 172) contain the…

New ICWA Regulations Proposed

On March 20, the BIA issued an expansive set of proposed regulations regarding state implementation of the Indian Child Welfare Act (ICWA).  This is an exceptionally important development.  Previously, with regarding most parts of ICWA, the BIA only issued guidelines.  The Guidelines are persuasive authority that courts can look to for guidance, but are not…