Offering unique coverage of the American Indian Probate Reform Act with a model/Last Will and Testament for American Indian Communities and Tribes. There is a shortage of legal services for American Indian people and communities. Educational Family Estate Apps provides that comprehensive legal education in one convenient location.

Did you know ?

That state based removal of American Indian children could have been prevented since the inception of the Indian Child Welfare Act? 

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BUY COVERAGE of AMERICAN INDIAN PROBATE REFORM ACT, A DOWNLOADABLE MODEL WILL FOR YOU TO USE TO PASS ON YOUR TRUST AND RESTRICTED LAND AND EVERYTHING OFFERED UNDER THE AFFORDABLE GUIDE ABOUT ESTATE PLANNING AND CHILD PROTECTION  ALL FOR JUST $69  PER YEAR!

GUARANTEED SATISFACTION OR YOU PAY NOTHING

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OUR PERSPECTIVE

I attended the National Indian Child Welfare Association’s Conference held in Portland, Oregon (April 19 – 22). I am the Owner of a new product, Educational Family Estate Apps and a start up company. It is a revolutionary concept. We widely market extensive Estate Planning, Guardianship and related topics to the at-large population, including a version available in Spanish. It has a dynamic Guest Writer Series and a Multi-State Service Directory. In addition, we have unique coverage of the American Indian Probate Reform Act; there is a model Will compliant under the Act available for download. I developed it with the input of a leading practitioner in American Indian probate matters.

I am one of the few authorities who also saw the real transect of Estate Planning and (short versus long term) Guardianship related to the Indian Child Welfare Act.

I developed this idea in the Signature Content of Educational Family Estate Apps.

I will give an example originally I heard in a session during the Conference which validates my idea. It is as follows: A party gets out of hand in the home. Dad hit someone while drunk and is arrested for “assault.” Police are admitted in the home and ask questions. They find out Mom has warrants for her arrest and both parents are removed. In the normal situation, the state hinges its right to remove those children under the emergency provision in the Indian Child Welfare Act because the parents are in custody.

The notice of the initial hearing is issued (a point of contention in many states since a lack of meaningful participation of the parent or standards of evidence have been mishandled in many jurisdictions) and then the inevitable 60 day temporary removal is triggered. As revealed through recent litigation, the 60 day removal period is nearly always implemented and in fact, renewed even though the basis of the removal was an “emergency” and potentially resolved.

So, my idea is to give American Indian parents the tools they can use just like any other state resident. Guardianship can work in those situations and while the children will be removed, the other provisions of ICWA will not be triggered, including the removal of 60 days by Department of Health and Human Services. By avoiding the state taking the children, parents and Tribes retain significant power – over children and their members respectively.

If a Guardianship is in place and a state removes or attempts to remove a child or children out of compliance with the Guardianship then states should be sued and forced to compensate the parents for “wrongful” removal  of children under human trafficking and child endangerment laws. States have been allowed to be the leading source of the problem in Indian Country and allowed to treat children as if THEY are the criminals. These state activities should CEASE AND DESIST.

State foster care systems should be avoided at all cost due to allegations of child endangerment and other abuses. I know. I once was a foster child and while my experience was positive, I am quite aware that my situation was more exceptional than normal.

We need to see broader solutions.

Thank you,

Helen Nowlin, Owner and Attorney (Chickasaw Nation member)

P.O. Box 2497

Vancouver, WA 98668