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The attorneys at Smith & Jolly 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

Federal Court Decides Yankton Reservation not Disestablished

The Federal Court for the District of South Dakota has held that the Yankton Sioux Reservation has not been disestablished and remains under the jurisdiction of the Tribal and federal governments. The... more »

San Manuel v. NLRB, D.C. Cir. (Feb. 9, 2007)

On February 9, 2007, the District of Columbia Circuit handed down its decision in San Manuel v. NLRB. The D.C. Circuit held that the National Labor Relations Act ("NLRA") applies to Indian tribes... more »

Senate Committee to Re-Consider Artman as ASIA

Even though the Senate Indian Affairs Committee approved Carl Artman and sent his nomination for Assistant Secretary Indian Affairs to the full Senate for confirmation last term, an unrelated partisan... more »

Bill Would Allow Funding for Tribal Veterans Cemeteries

Representative Tom Udall (D-NM) proposed a bill in the House of Representatives that would permit states for provide grants financed by the Department of Veterans Affairs for the development of veterans... more »