indian child welfare act
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Colorado Supreme Court says no tribal contact required for potential ‘Indian child’ cases
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While recognizing that tribal nations alone are responsible for deciding who qualifies as a member, the Colorado Supreme Court ruled on Monday that counties are not required to contact tribes to verify whether certain children in custody proceedings are actually American Indian. Under the Indian Child Welfare Act of 1978, child welfare cases trigger protections…
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Colorado justices weigh need for tribal engagement in potential ‘Indian child’ cases
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Members of the Colorado Supreme Court on Wednesday considered whether state law requires tribal nations to be contacted when a child in a welfare case potentially falls under the longstanding protections afforded to American Indian children, but the evidence of tribal lineage is still minimal. Congress enacted the Indian Child Welfare Act of 1978 (ICWA) to…
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Colorado Supreme Court takes up 3 criminal appeals, ‘Indian child’ case
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The Colorado Supreme Court announced on Monday it will hear three criminal appeals and one case exploring the government’s obligation to determine whether children in welfare proceedings qualify for the longstanding protections granted to American Indians. At least three of the court’s seven members must consent to take up a case on appeal. The criminal…
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‘Indian child’ welfare cases continue to surface at state Supreme Court, appeals court
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The question of when juvenile court judges have “reason to know” they are dealing with an American Indian child, thereby triggering longstanding protections for tribal nations, continues to surface in Colorado’s appellate courts. This week, the Colorado Supreme Court agreed to hear a case on the subject, two months after holding oral arguments in a…
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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…
