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Washington Native American Law Questions & Answers
1 Answer | Asked in Civil Rights, Family Law, Juvenile Law and Native American Law for Washington on
Q: Never finding of found 19-0 past intakes same cps office closed out successfully 19x Police testified No pick up order

Do I just file everything I can to fight cps in court? I only communicate by email or txt. This dependency has gone on over 6yrs. The court has failed to make written findings on the record at any of the 6mo review hearings the 6th month review hearings all get continued to be set special set,... View More

James L. Arrasmith
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answered on Sep 7, 2024

It sounds like you've been through a long and exhausting journey with the court and CPS. When dealing with such a complicated case that involves your family, especially when it has gone on for years and involves issues like the ICWA, it's important to gather every piece of evidence that... View More

1 Answer | Asked in Constitutional Law and Native American Law for Washington on
Q: Do my constitutional rights exist on American leased camping land on Indian tribal land.
James L. Arrasmith
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answered on Apr 10, 2024

The question of constitutional rights on tribal lands leased by the federal government for camping is complex and depends on the specific circumstances and agreements in place.

In general, tribal lands have a unique legal status. They are considered "domestic dependent nations"...
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1 Answer | Asked in Native American Law for Washington on
Q: Tribal police threw out my paperwork and ignored restraining order violations.. is it worth it to sue? What do I do?

I filed for a restraining order in April of 2022 and the prosecutor never received my paperwork. They said they never received it and so when asked, The chief of police had said they lost it, and that they had no record of my case. My restraining order was granted in March of 2023, after I had... View More

James L. Arrasmith
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answered on Feb 4, 2024

Facing a situation where your safety concerns and restraining order violations are ignored by law enforcement can be deeply distressing. If tribal police have not adequately addressed these violations, it's understandable to feel overlooked and unprotected.

Considering legal action or...
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1 Answer | Asked in Family Law, Appeals / Appellate Law and Native American Law for Washington on
Q: Can I stop an out of state move of MY 2 Children from Washington State to Wyoming?Like an emergency hearing to stop move

MY 2 Children are under ICWA.

MY position is that the dept dcyf/cps failed at doing their part and same w the tribe they have both lost the opportunity 2 do their job. The tribe, well the tribe reps failed at representing their tribe member by not supporting MY Children the entire... View More

James L. Arrasmith
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answered on Jul 28, 2023

If you wish to stop the out-of-state move of your two children from Washington to Wyoming, you should immediately consult with an attorney in Washington who is familiar with child custody and ICWA (Indian Child Welfare Act) matters. An attorney can help you assess the situation, determine if an... View More

1 Answer | Asked in Federal Crimes, Personal Injury, Car Accidents and Native American Law for Washington on
Q: Are GOV vehicles registered to a tribe required to have insurance if driven off the reservation?

23 year old tribal member involved in accident off the reservation. No insurance, but is a GOV truck registered to the tribe. Who is held liable, non-insured driver or the tribe that's the registered owner?

Peter N. Munsing
Peter N. Munsing
answered on Jan 23, 2019

Generally both. Tribal law governs on tribal land. Take the vehicle outside the rez or national boundary, then the state law applies. However tribe should have some type of umbrella policy.

1 Answer | Asked in Native American Law for Washington on
Q: Did the Executive Branch work during the time of the Cherokee Nation v. Georgia?
Matthew Parham
Matthew Parham
answered on May 10, 2012

It's an unusual question. In Cherokee Nation v. Georgia the Cherokee sued Georgia seeking release of a Cherokee citizen being tried for a murder committed on the Cherokee territory, taking the position that Georgia lacked jurisdiction over that territory. While the suit was pending, Georgia... View More

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