Indian Child Welfare Court Monitor

Quarterly Report

July, August & September, 2002

I monitored 119 hearings this quarter.  Ten (8%) were out of compliance with the Indian Child Welfare Act (ICWA).   Nine of the hearings monitored were hold hearings.

            Nine children were found to be children in need of protection and services.  Seven of the CHIPS findings entered were the results of settlements; two resulted from defaults.  CHIPS jurisdiction over 13 children who had previously been reunified with a parent or prior legal custodian was dismissed by the Court.  A transfer of legal custody to a relative was ordered for 15 children.  Four children were ordered into long-term foster care.  Eleven children who had been in placement were reunified this quarter with a parent or previous legal custodian.  Nine of the hearings were continued without a hearing.

            The Court granted two motions to transfer jurisdiction of the proceedings to tribal court.  The Court denied one motion to transfer because the parent objected to the transfer.

                ICWA requires notice of the proceeding to be sent by registered mail, return receipt requested, to the parents or the Indian custodian, and the children’s tribe.  One hearing monitored violated the notice requirements of ICWA.

§         This was a TPR admit deny hearing heard on July 16, 2002, before Judge Blaeser.  No notice of an amended TPR petition had been provided to the tribe.  The admit deny hearing was continued to allow legal notice to the tribe.

ICWA gives parents the right to counsel in the proceeding.  The Court may also appoint counsel for a child.  There were three instances where counsel for a party failed to appear at a hearing.

§         This was an admit deny hearing on a termination of parental rights petition heard on July 23, 2002, before Judge Reilly.  An attorney had been appointed for the father at the last hearing, but no one was present to represent the father.  The father was present at the hearing.   

§         This was a CHIPS pretrial heard on August 20, 2002, before Judge Lefler.  An attorney was appointed for the father at the last hearing, yet no attorney appeared at this hearing on behalf of the father.  The father was present for the hearing. 

§         This was an emergency placement hearing heard on September 19, 2002, before Judge Blaeser.  The father’s attorney was unable to appear because the attorney was in trial.  The father was seeking placement of the child.  No attorney was present to cover the hearing on behalf of the father.    

            ICWA requires the testimony of a qualified expert witness to support an out of home placement.  The testimony must be provided within 90 days after an emergency removal.  The testimony is also required before the Court can order termination of parental rights.  There were five hearings where live testimony was presented to fulfill the expert witness requirement.  The County Attorney’s office filed with the Court 22 affidavits from tribal representatives to satisfy the expert witness requirement of ICWA.

Seven hearings violated the expert witness requirement of ICWA. 

§         This was a TPR admit deny hearing heard on July 16, 2002, before Judge Blaeser.  Two children had been in placement three and one-half months with no expert testimony to support the placement.  The Hennepin County Children, Family, and Adult Services Department was meeting with the tribe shortly after the hearing to obtain the expert testimony.  An affidavit of qualified expert testimony was filed with the Court on July 25, 2002. 

§         This was a CHIPS pretrial hearing heard on August 1, 2002, before Judge Lefler.  One child had been in placement just over 90 days with no expert testimony to support the placement.   

§        This was a TPR pretrial hearing heard on August 19, 2002, before Judge Lefler.  One child had been in placement five months with no expert testimony to support the placement.  The tribe was supportive of the placement and indicated the testimony would be forthcoming.  An affidavit of expert testimony was filed with the Court on September 20, 2002. 

§         This was a CHIPS pretrial hearing heard on August 21, 2002, before Judge Reilly.  One child had been in placement four months with no expert testimony to support the placement.  The tribe was present.  The Court requested the tribe to provide the testimony within two weeks.  

§         This was a CHIPS review hearing heard on August 27, 2002, before Judge Lefler.  One child had been in placement four months with no expert testimony to support the placement.  The tribe was aware of the placement and supportive of continued placement.  Live qualified expert witness testimony was provided to the court at this hearing. 

§        This was a continued CHIPS admit deny hearing heard on September 3, 2002, before Judge Blaeser.  One child had been in placement five months with no expert testimony to support the placement.  The tribe was supportive of the placement of the child and provided live testimony at this hearing to support the placement. 

§         This was a TPR admit deny hearing heard on September 9, 2002, before Judge Blaeser.  Two children had been in placement almost five months with no expert testimony to support the placement.   The tribal representative was present and provided the testimony. 

            The court hearings involved a total of 187 children.  Eleven of the children were enrolled members and 176 were eligible for membership.  The number of hearings, by the child’s tribal affiliation, is as follows:

The placements of the children were as follows:  57 of the children were either returned home or remained at home under protective supervision; 54 children were placed with relatives; 46 children were placed in non-relative, Indian foster homes; three children were placed in non-Indian foster homes with the approval of the children’s tribe; one child was placed in a non-Indian foster home pursuant to delinquency jurisdiction; 16 children were in emergency shelter placement; three were in group homes; six were in residential treatment centers; and one child was ordered to remain in detention pending further hearings regarding placement.

            Mothers of the children were present at 80 of the hearings.  There were a total of 39 fathers present at the hearings.  Guardians ad litem were present at 66 of the hearings.  Tribal representatives were present at 49 of the hearings.  Minneapolis American Indian Center advocates were present at 40 of the hearings.  Advocates from other community agencies were present at six of the hearings.  There were 35 hearings where no tribal representative or Indian advocate was present.

Prepared by:

Paul T. Minehart

ICWA Court Monitor