| 25-6586 |
M. G. J. v. Oregon Department of Human Services, et al. |
Oregon |
2026-01-14 |
Pending |
Response WaivedIFP |
constitutional-rights due-process indian-child-welfare-act state-law supremacy-clause tribal-adoption |
1. This Court recently explained that, "In the usual course, state courts apply state law when placing children in foster or adoptive homes," however … |
| 21-1471 |
Denise Halvorson, et vir v. Hennepin County Children’s Services Department, et al. |
Minnesota |
2022-05-23 |
Denied |
Amici (2)Response RequestedResponse WaivedRelisted (3) |
consent-requirement due-process federal-indian-law foster-care indian-child-welfare-act jurisdictional-transfer nonmember nonmember-party state-court tribal-jurisdiction |
1. Whether it is an error of law for a state court to order the transfer of a foster care proceeding to tribal court when the transfer forces a nonmem… |
| 21-376 |
Deb Haaland, Secretary of the Interior, et al. v. Chad Everet Brackeen, et al. |
Fifth Circuit |
2021-09-08 |
Judgment Issued |
Amici (4)Response WaivedRelisted (5) |
10th-amendment anticommandeering article-iii-standing equal-protection indian-child-welfare-act placement-preferences recordkeeping standing tenth-amendment |
1. Whether various provisions of ICWA —namely, the minimum standards of Section 1912(a), (d), (e), and (f); the placement-preference provisions of Sec… |
| 21-377 |
Cherokee Nation, et al. v. Chad Everet Brackeen, et al. |
Fifth Circuit |
2021-09-08 |
Judgment Issued |
Response WaivedRelisted (5) |
anti-commandeering child-welfare civil-rights equal-protection indian-child-welfare-act morton-v-mancari placement-preferences spending-clause state-commandeering tribal-rights |
In 1978, Congress enacted the Indian Child Welfare Act ("ICWA") to remedy the "alarmingly high percentage of Indian families [being] broken up by the … |
| 21-378 |
Texas v. Deb Haaland, Secretary of the Interior, et al. |
Fifth Circuit |
2021-09-08 |
Judgment Issued |
Relisted (5) |
anti-commandeering anticommandeering child-custody child-custody-proceedings commerce-clause equal-protection indian-child-welfare-act indian-commerce-clause nondelegation nondelegation-doctrine |
The Indian Child Welfare Act, 25 U.S.C. § § 1901- 63 (ICWA), creates a child -custody regime for "Indian children," a status defined by a child's gene… |
| 21-380 |
Chad Everet Brackeen, et al. v. Deb Haaland, Secretary of the Interior, et al. |
Fifth Circuit |
2021-09-08 |
Judgment Issued |
Relisted (5) |
adoption-preferences child-custody child-placement congress-authority congressional-authority federalism indian-child-welfare-act racial-discrimination state-law state-sovereignty |
1. Whether ICWA's placement preferences —
which disfavor non-Indian adoptive families in child placement proceedings involving an "Indian child"
and … |
| 19-7915 |
Alan DeAtley v. Dean Williams, Executive Director, Colorado Department of Corrections, et al. |
Tenth Circuit |
2020-03-09 |
Denied |
IFP |
adoption-law child-welfare civil-rights due-process federal-courts federal-jurisdiction indian-child-welfare-act placement-preference standing state-courts state-jurisdiction tribal-court tribal-courts tribal-sovereignty |
State ot Colorado and uns. federal Courts are failing to follow state, feckvaland Tribal Law as all have followed
The state must follow there own haw… |
| 19-7659 |
Ashley Rios, et vir v. West Virginia Department of Health and Human Resources |
West Virginia |
2020-02-14 |
Denied |
Response WaivedIFP |
abuse-neglect abuse-or-neglect child-custody due-process expert-witness foster-placement indian-child-welfare-act knowing-waiver parental-rights qualified-expert-witness statutory-interpretation waiver |
In a case involving the Indian Child Welfare Act ("ICWA"), 25 U.S.C. §§ 1901 – 1923 (1978), may a court deny a petition to invalidate the proceeding w… |
| 19-550 |
Kimberly Watso, et al. v. Jodi Harpstead, Commissioner, Minnesota Department of Human Services, et al. |
Eighth Circuit |
2019-10-28 |
Denied |
Response RequestedResponse WaivedRelisted (2) |
administrative-law administrative-procedure chevron-deference child-services civil-rights federal-preemption indian-child-welfare-act parental-custody state-agency-rules tribal-jurisdiction tribal-rights |
Whether the lower court improperly deferred to the Indian Child Services Department Manual over state agency rules and interpretations of the Indian C… |