ICWA Case Law

Mrs. MorrisMarch 6, 2023
32

Can Congress Regulate Indian Child Placement?

What is the extent of Congress’s power over Indian affairs? The Supreme Court is considering this question in the case…
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Mrs. MorrisJanuary 30, 2023
279

Is Your State Passing its own ICWA law?

CAICW has submitted the following letter to the ND legislature in opposition to a state ICWA law. This can be…
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Mrs. MorrisSeptember 1, 2022
690

The Original Understanding of the Indian Commerce Clause: An Update*

The Congress shall have Power . . . To regulate Commerce with foreign Nations, and among the several States, and…
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Mrs. MorrisJuly 5, 2022
638

BRIEF OF CHRISTIAN ALLIANCE FOR INDIAN CHILD WELFARE AND ICWA CHILDREN AND FAMILIES AS AMICI CURIAE SUPPORTING THE BRACKEEN AND STATE PETITIONERS

BRIEF OF CHRISTIAN ALLIANCE FOR INDIANCHILD WELFARE AND ICWA CHILDREN ANDFAMILIES ASAMICI CURIAE SUPPORTING THEBRACKEEN AND STATE PETITIONERS Amicus PDF…
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Mrs. MorrisApril 30, 2022
33

Indian Child Welfare Act: Another Case of Congress’s Overreach Goes to the Supreme Court

By Robert G. Natelson, for The Epoch Times, March 23, 2022 Commentary The federal Indian Child Welfare Act (ICWA) is…
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Mrs. MorrisMarch 8, 2022
1,044

The Indian Child Welfare Act: An Unconstitutional Attack on Freedom

Adapted from the thesis ‘Philosophical Underpinnings and Negative Consequences of the Indian Child Welfare Act,’ by Elizabeth Morris* PDF: The Indian…
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Mrs. MorrisFebruary 28, 2022
680

BRACKEEN GETS CERT

Brief of Christian Alliance for Indian Child Welfare and ICWA Children and families as Amici Curiae Supporting Petitioners BRACKEEN v.…
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Mrs. MorrisApril 15, 2021
671

UPDATE: Brackeen Partial Victory for Kids, Despite Tribal Leaders Continuing Demand that Congress Retain Plenary Control OVER EVERYONE

Why do tribal leaders WANT Congress to have “plenary and exclusive” power over ALL tribal members? In a land where…
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Mrs. MorrisOctober 4, 2018
207

URGENT!! ICWA STRUCK DOWN IN DISTRICT COURT

FINALLY! October 4, 2018 Northern District Court of Texas, Civil Action No. 4:17-cv-00868-0 BRAKEEN v.. ZINKE ICWA DECLARED UNCONSTITUTIONAL Among…
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Mrs. MorrisApril 14, 2017
129

(Video) The Implications of Native American Heritage on U.S. Constitutional Protections

Three-yr-old Lauryn Whiteshield was murdered a little over a month after her arrival to her grandfather’s home in the spring…
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Mrs. MorrisJune 3, 2014
157

Mark Fiddler Explains Adoptive Couple vs. Baby Girl

Adoptive Couple V. Baby Girl, State ICWA Laws, and Constitutional Avoidance By: Mark D. Fiddler (fn 1)~ Minnesota State Bar…
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July 18, 2013
94

Court Rules in Adoptive Couple vs. Baby Girl; Clears Way to Finalize Adoption

By Elizabeth Sharon Morris On June 17, 2013, the South Carolina Supreme Court gave Matt & Melanie Capobianco a victory…
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June 25, 2013
88

CAICW issues statement on U.S. Supreme Court decision

The Christian Alliance for Indian Child Welfare (CAICW) issued the following statement today in response to the United States Supreme…
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June 10, 2013
136

Existing Indian Family Doctrine

This Page is going to be under construction for quite awhile. Please be patient as we allow it to remain…
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June 10, 2013
97

In re Bridget R.

THE SUPERIOR COURT OF LOS ANGELES COUNTY In re Bridget R., et al., Minors, (1996) 41 Cal.App.4th 1483 (Bridget R.).…
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February 25, 2013
85

CAICW Files Amicus Brief in Veronica Case

The statutory and constitutional issues addressed in this case impact the equal protection, due process, liberty, and state rights provisions…
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January 26, 2012
116

Haley Hernandez Reports on the Veronica Petition – 20,000 Signatures

My husband did not feel his reservation was a safe place to raise children and thus raised them elsewhere. Further,…
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September 29, 2011
103

We Won!!

The mother chose us to adopt (non-native) and the father agreed at the time. Now to bring you up to…
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September 29, 2011
94

Indian Children: Citizens, not Cultural Artifacts

Come hear real stories of children whose lives have been impacted by the Indian Child Welfare Act. Listen to legal…
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November 20, 2010
84

“They just took my baby after 3 years…her sobbing is forever etched in my soul..”

A mother wrote, "They just took my baby after 3 years...her sobbing is forever etched in my soul. She wanted…
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May 19, 2010
91

Federal Indian Policy Says THIS is BEST for children?

. Many Families of American Indian Heritage do NOT want their children raised on or near Reservations. Ours is one of…
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Mrs. MorrisMay 11, 2010
96

Case Law for Existing Indian Family Doctrine

.Holyfield – the first case in which the federal high court has construed ICWA, Mississippi Choctaw Indian Band v. Holyfield,…
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May 5, 2010
88

What is a Qualified Expert Witness?

. Qualified Expert Witness: According to Chief Judge-Sisseton-Wahpeton Sioux Tribal Court, Director-Northern Plains Tribal Judicial Institute-University of North Dakota Law…
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May 1, 2010
81

ICWA Case Law & other Authority

. Cases:Adoption of Lindsay C. (1991) 229 Cal.App.3d 404, 280 Cal.Rptr. 194Doe v. Hughes, Thorness, Gantz, et al. (Alaska 1992)…
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January 1, 2009
78

Tell Your Representatives to Make These Legislative Changes!

Protecting children and the families they love…1. Children of tribal heritage should be guaranteed protection equal to that of any…
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