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."
California Indian Legal Services (CILS) and our partner, Strong Hearted Native Women’s Coalition (SHNWC), will provide holistic, comprehensive, culturally appropriate advocacy and legal assistance to victims of domestic violence, sexual assault, dating violence and stalking in San Diego County. CILS and SHNWC’s VAWA Project is funded through a $500,000, three year grant for Legal Assistance for Victims (LAV) from the U. S. Department of Justice.
Through this project, CILS is able to provide victims with a safety plan, crisis intervention assistance, a danger assessment, or assistance in obtaining restraining orders. The goal and objective of the grant is to provide the victims with permanent protection and long term legal relief in the areas of a divorce, child custody and visitation, division of community property and child and spousal support.
The complaint seeks a declaration that defendants' actions of arresting and criminally charging a Tribal Police Officer for carrying out his official duties interferes with the Tribe's sovereign inherent authority to operate a police department and maintain peace and security on its Reservation. The Tribe also seeks to enjoin the defendants from taking such actions in the future.
CILS wishes to express condolences to CILS Board member Hilary Renick whose father, Patrick Dorn Renick, entered into rest on February 23, 2015. Please visit the full obituary for details as to services and condolences for the family.