North Dakota Law

Updates from the University of North Dakota School of Law.

Posts Tagged
Indian Child Welfare Act

BJ Jones quoted as an expert: South Dakota inspired ICWA, but still has high rate of Native children in foster care

Categories: Staff

  South Dakota Searchlight BY: MAKENZIE HUBER AND ANNIE TODD – NOVEMBER 6, 2023 6:01 AM Cheryl Spider DeCoteau was nervous. It was the Sisseton Wahpeton tribal citizen’s first time in Washington, D.C., and she sat in front of two senators, multiple congressional aides, lawyers and clerks in a large, wood-paneled committee room, bright lights shining down. Two of […]

‘It’s a good day in Indian Country and it’s a good day for the rule of law’: Professor Dan Lewerenz responds to SCOTUS upholding the Indian Child Welfare Act

Categories: Faculty

The economic impact of SCOTUS upholding the Indian Child Welfare Act Marketplace Savannah Maher Listen Indian Country breathed a sigh of relief on Thursday morning when the U.S. Supreme Court upheld the Indian Child Welfare Act, or ICWA. That 1978 federal law gives tribal nations a voice in custody proceedings involving Native children and aims to […]

BJ Jones, Director of the Tribal Judicial Institute is quoted: Native American Families Are Being Broken Up in Spite of a Law Meant to Keep Children With Their Parents

Categories: Staff

After fighting to win back her parental rights, a young Native American mother prevailed. Then the state came for her second child. Cheyenne Hinojosa with her younger daughter, who was taken by child welfare workers shortly after being born ProPublica by Jessica Lussenhop and Agnel Philip, photography by Jaida Grey Eagle for ProPublicaJune 15, 6 a.m. EDT ProPublica is a nonprofit […]

Professor Lewerenz is quoted: ‘A Can of Gasoline Under Indian Law’

Categories: Faculty

In their efforts to overturn the Indian Child Welfare Act, a constellation of law firms and conservative organizations have put tribal sovereignty in jeopardy.  June 7, 2023 The New York Review Murat Oztaskin Four years ago Lisa Blatt argued a case before the Supreme Court called Carpenter v. Murphy. It rested on whether a citizen of the Muscogee […]

Professor Lewerenz quoted as an expert in commentary about the Brackeen v. Haaland case awaiting a decision from the U.S. Supreme Court

Categories: Faculty, Public

The fate of the Indian Child Welfare Act When it comes to children, should tribes govern themselves? DeseretNews By Mya Jaradat May 16, 2023, 12:16pm CDT Not long after Jennifer and Chad Brackeen felt called by God to become foster parents, they got a call of another kind: this one from Texas’s Child Protective Services, saying […]

Professor Lewerenz quoted as an expert: The Supreme Court and the Indian Child Welfare Act: What’s at Stake in Brackeen Case

Categories: Faculty

Brackeen v. Haaland could change the future of Indigenous rights. teenVogue BY SOPHIE HAYSSEN MARCH 8, 2023  At age nine, tragedy struck Autumn Adams’ life. Her father passed away and her mother was deemed unfit to care for her, leaving Adams with an uncertain future. Adams, who is a member of the Yakama Nation, a federally recognized […]

Supreme Court Considers Latest Attack on Indian Child Welfare Act by Professor Dan Lewerenz

Categories: Faculty

We have been here from time immemorial, and we remember. Dan Lewerenz, Guest Contributor November 7, 2022 We remember before the U.S. Supreme Court agreed to hear a case challenging the constitutionality of the Indian Child Welfare Act (“ICWA”). We remember before ICWA was passed in 1978, the four long years of congressional investigation and deliberation that led to its enactment, […]

Professor Dan Lewerenz featured on the talk show “All Sides with Ann Fisher”

Categories: Faculty

Indian Child Welfare Act goes before the Supreme Court Listen The U.S. Supreme Court in November will hear oral arguments in a case challenging the Indian Child Welfare Act (ICWA). The law was enacted in 1978 to make it more difficult to remove Indian children from their families, tribes and culture. At the time it […]