indian
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Religion, injunctions, affirmative consent: Court conference tackles heavy political subjects
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Federal judges and lawyers heard about the cascade of recent developments in legal interpretation during a three-day conference in Colorado Springs, with a heavy focus on the U.S. Supreme Court’s sharp turn toward more conservative outcomes on major cultural issues. Attendees at the U.S. Court of Appeals for the 10th Circuit’s Bench & Bar Conference…
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State Supreme Court affirms heightened responsibility for counties to American Indian families
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The Colorado Supreme Court affirmed on Monday that counties have a heightened responsibility to help American Indian families remain together amid child welfare proceedings — a standard that Denver had met despite a mother’s repeated relapses from her treatment program. The justices interpreted a key provision of the Indian Child Welfare Act, a 1978 federal law…
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Appeals court split solidifies on Indian child law ahead of Supreme Court arguments
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Colorado’s second-highest court has reinforced its split interpretation of when judges in child welfare proceedings have reason to know a child falls under the legal definition of “Indian,” triggering longstanding federal protections for tribal nations. Last week, a three-judge panel for the Court of Appeals issued a decision on the reason-to-know standard under the Indian…
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Appeals court decision on Indian child case sets up split for Supreme Court
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There are now two competing interpretations from the state’s second-highest court for how judges have “reason to know” that a child in a custody proceeding fits the legal definition of an American Indian child, setting up the Colorado Supreme Court to have the final say on the matter. Last week, a three-judge panel for the…
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State Supreme Court accepts cases on Indian child protections, redacted video tape
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The Colorado Supreme Court has agreed to hear two cases that implicate federal protections for the children of tribal nations and the ability of suspects to potentially make up self-serving statements to use for their benefit at trial. The latest announcements from the state’s highest court continue a recent trend of granting appeals involving the…
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10th Circuit clarifies that crime victim reimbursement only covers victims’ costs
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Because federal law allows for crime victims to receive restitution for the expense of participating in legal proceedings, the representatives of deceased victims cannot be reimbursed for their own expenses, the federal appeals court based in Denver has decided. The United States government attempted to argue that Anthony Rivas, the son of Charlene Bailey, was…
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State Supreme Court weighs counties’ obligations to American Indian children
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A mother of two children struggled with substance abuse and was the victim of domestic violence. When the children’s father assaulted her and moved out, she abandoned the children at daycare. The matter culminated in a Denver judge terminating both parents’ rights in 2020. However, the child welfare case has now landed at the Colorado…
