Practice Area:

Indian Child Welfare Act

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The attorneys at Brad S. Jolly & Associates have been dealing with issues under the Indian Child Welfare Act ("ICWA") for most of their careers. Some issues we have handled include:

• Litigation involving state jurisdiction over child custody proceedings involving Indian children residing on-reservation
• Negotiation of Tribal-State ICWA agreements
• Issues of who is an Indian child, as defined in the ICWA
• State compliance with ICWA
• Advising and assisting tribal social services departments in handling ICWA and non-ICWA child custody matters
• Advising and assisting tribes in resolving child custody matters in accordance with tribal customs and traditions and using adjudicative bodies other than tribal courts to resolve child custody matters
• Representation of tribes in intervening in state child custody proceedings to both ensure state compliance with ICWA and ensure the tribe's voice is heard and respected in determining the custody of the child involved

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INDIAN LAW UPDATES

House Passes Native Hawaiian Recognition Bill

On Wednesday, October 24, the House of Representatives passed the Native Hawaiian Government Reorganization Act by a vote of 261-153. The vote was very much along party lines, with every Democrat present... more »

United Nations Adopts Indigenous Rights Declaration

After 20 years of negotiations and three decades of drafts, on September 13, the United Nations General Assembly voted 143 to 4 to adopt the Declaration of Rights of Indigenous Peoples. The only countries... more »

Indian Affairs Committee to Hold Hearing on Trust Fund Litigation

On Thursday, March 29, the Senate Indian Affairs Committee is scheduled to hold a hearing on the Indian trust fund litigation, including the Cobell class action lawsuit. Chairman of the Committee,... more »

CRIT v. NIGC, D.C. Cir.

On October 20, 2006, the D.C. Circuit dealt another blow to the National Indian Gaming Commission's ("NIGC") claimed penultimate authority over Indian gaming. As both the original administrative law judge... more »