2015 Indian Child Welfare Act Summit

June 11, 2015 8:00am-5:00pm

THE EVENT at Graton Resort & Casino

288 Golf Course Drive West

Rohnert Park, CA 94928

Learn about the following Indian Child Welfare Act topics:

Federal Initiatives and Regulations – Working Towards Justice

President Obama’s Generation Indigenous Initiative – Engaging Tribal Youth

Bureau of Children’s Justice – California Department of Justice

Tribal Consultation – Developing a Formal Consultation Policy

SB 1460 ~ Tribes to Conduct Criminal Background Checks ~ Securing Homes for Tribal Youth

California Compliance and Federal Initiatives ~ Building Solutions for the Future and much more.

See Agenda

See Registration Link

Public Safety in Indian Country– PL 280 and Working Solutions between Tribes and Local/State Partners

June 24, 2015

River Lodge, Fortuna, CA

California Indian Legal Services would like to announce a conference on June 24, 2015 focusing on Public Law 280 and on cooperative interactions between tribal, federal, state, and local law enforcement and courts. The conference will be held at the River Lodge in Fortuna from 9:00 a.m. to 5:00 p.m.

The conference is intended primarily for government officials and employees in the Northern California region, although it will include coverage of some issues common throughout the state. Our hope is to provide both legal education on Public Law 280 as well as a forum for productive discussions between tribal, federal, state, and local elected officials, judges, attorneys, and law enforcement personnel.

There is no cost to attend, and lunch will be provided.

If you are interested in attending, please keep June 24th open on your calendar, and email Laura Svoboda at lsvoboda@calindian.org for registration information. Early registration will be greatly appreciated, as we need an accurate head count for lunch. If you have any questions about the conference, please email Jedd Parr at jparr@calindian.org, or call (707) 443-8397.

PL280conferenceflyer.pdf

Student seeks court order to don eagle feather at graduation

From www.wsfa.com:

http://www.wsfa.com/story/29219781/student-seeks-court-order-to-don-eagle-feather-at-graduation

Link to complaint:

https://www.aclunc.org/sites/default/files/2015.06.01_Complaint.pdf

MARIJUANA in Indian Country: Boom or ‘Bust’

POT text box 1YOU are invited to attend a free webinar provided by California Indian Legal Services.

Learn about what the October 2014 Memorandum entitled “Policy Statement Regarding Marijuana Issues in Indian Country” issued by U.S. Department of Justice means. Get an overview of the Federal and California state marijuana laws. All from the comfort of your computer.

We will explore the legal issues surrounding the cannabis industry. Learn about the laws that govern cannabis distribution, cultivation, possession, and consumption. Have your questions answered by Dorothy Alther, CILS’ Executive Director. What is the difference between state & federal law and what does that mean for tribal lands?

Make informed decisions concerning marijuana. Join us on Thursday, May 21st at 10AM to learn more about this timely topic and the possible implications for tribes.

Click to Register here.

Become a Signatory to Abbigail A. Amicus Brief

CILS has drafted an amicus brief for an ICWA case currently before the California Supreme Court, In re Abbigail A. This case involves the question of whether a county social services agency has an obligation to assist in the enrollment of a child who is eligible for enrollment but whose parent is not enrolled.

Also at issue in this case is whether it is proper for the court to proceed as if the child is an “Indian child” where the formal definition of “Indian child” is not met, but where it is likely that the child will be an “Indian child” if the Agency provides enrollment assistance. Our brief argues that assistance in enrolling a child is an affirmative obligation of the Agency. Our brief also argues that it is proper to apply ICWA in cases where it is likely that the child will be enrolled once the administrative/bureaucratic process is complete, even where the child does not currently meet the definition of an “Indian child.”

A number of California tribes have previously expressed an interest in becoming a signatory to this brief. Tribes may do so by having an authorized tribal representative fax or email CILS at: (707) 443-8913 or lsvoboda@calindian.org. In order to submit the brief to the Court on time, ALL RESPONSIVE FAXES OR EMAILS MUST BE RECEIVED BY 9:00 AM ON FRIDAY, MAY 1ST.

Click here to view appeal on Turtle Talk

California Appeals Court Finds Court Rules about Indian Children Inconsistent with Legislative Intent

The children were eligible for membership at Cherokee Nation of Oklahoma. The trial court ordered DHHS to help enroll the children as active efforts. DHHS appealed. The appellate court found that both ICWA and California state law limited the definition of Indian child (member, or bio child of a member and eligible), and if the children did not fit in that definition, the laws did not apply. As such, the rules were beyond the scope of the Judicial Counsel to pass.

If you have additional questions call or email Laura Svoboda at our Eureka office: (707) 443-8397 or lsvoboda@calindian.org.