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1 Answer | Asked in Appeals / Appellate Law and Native American Law for Colorado on
Q: Appeal for reinstatement of parental rights was taken over by tribal court. What happens now?

My rights were terminated I appealed right away. My appeals lawyer found that the county terminated my rights without ICWA being informed. Lakota Sioux has found children eligible and now are taking over case. What's going to happen.

Scott E Beemer
Scott E Beemer answered on Nov 24, 2019

Unfortunately. I cannot answer in accordance with ABA Ethics Rule 4.2:

In representing a client, a lawyer shall not communicate about the subject of the representation with a person the lawyer knows to be represented by another lawyer in the matter, unless the lawyer has the consent of the...
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1 Answer | Asked in Civil Litigation, Civil Rights, Legal Malpractice and Native American Law for California on
Q: My brothers body was desecrated by a local mourtuary before he was to be creamated the owner had passed assuming he w

Upon further investigation by local sheriffs and state funeral and burial bureau they had closed the case 9 months later they recovered his body only due to the smell cause refrigeration had broke down I want to know if I have a case againts the sheriff's department and the state for neglagents... Read more »

William John Light
William John Light answered on Nov 20, 2019

Yes, your family has a claim for the negligent treatment of his remains. (Christensen v. Superior Court (1991) 54 Cal.3d868, 879 [2 Cal.Rptr.2d 79, 820 P.2d 181]). Contact a PI attorney to discuss.

1 Answer | Asked in Family Law, Child Custody and Native American Law for Arizona on
Q: What do I put on a motion for a telephonic hearing in the navajo nation court on November 15? Do I have time?

The court hearing is up in window rock, and I live in Phoenix. I need to get my kids to school that day, and there isnt enough time for me to get there in time at 10 am, on top of the fact that I dont have a way to get there. I just found out a telephonic hearing was possible, but now there is... Read more »

Mike Branum
Mike Branum answered on Nov 3, 2019

The Clerk of Court cannot provide legal advice, but yours is more of a logistical question. They may be able to assist you without filing any paperwork. That is where I would start. Hopefully another attorney with experience with the tribal court will see your question and provide a more informed... Read more »

1 Answer | Asked in Immigration Law and Native American Law for North Carolina on
Q: Can a USA citizenship have 2 more citizenship and passports other then the American one?

Hi, I am Brazilian and I'm about to receive the USA citizenship, so I'll be citizen in 2 Countries, Brazil and USA, and of course, I'll have the both passports. Besides that, I just realized that if I want I'm able to request the Portuguese citizenship and the portugueses passport (what would be... Read more »

Hector E. Quiroga
Hector E. Quiroga answered on Oct 9, 2019

As far as the US is concerned you can carry a US passport and that of another country. You will need to see what the Brazilian position on the matter is.

Q: I live I north carolina my daughters boyfriend grandmother bout here a cell phone she will not give it to me what's my
Kevin E. Flynn
Kevin E. Flynn answered on Sep 27, 2019

I am sorry, this is not a patent law question. Perhaps you thought the category was paRents instead of paTents.

Good luck in resolving your situation.

Kevin E Flynn

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1 Answer | Asked in Civil Rights, Government Contracts, Libel & Slander and Native American Law for California on
Q: I wanted to know what I can do about TANF in pala Ca.? They have stressed me to the point of being ill and depressed.

I have proof that they mistreated me and recordings, I know that they have a personal vendetta with me.

Louis George Fazzi
Louis George Fazzi answered on Sep 10, 2019

You have to provide a lot more detail in order to get decent legal advice. This is probably not the best forum for getting an answer for you. Contact the County Bar Association in the county in which the local office of TANF is located, and ask for a civil rights attorney referral. The initial... Read more »

1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Native American Law for Oklahoma on
Q: Can someone be arrested for trespassing if he lives in our deceased mother's house?

Shawnee police officer entered my brother's residence while he was asleep on the couch and woke him up. They said that someone reported an a/b taking place in his yard. They asked him to come outside then arrested him for public intoxication and trespassing. He was told that he couldn't reside at... Read more »

Keegan Kelley Harroz
Keegan Kelley Harroz answered on Aug 31, 2019

If the facts are exactly as you have prevented them, the police are wrong. Your brother needs to hire an experienced criminal defense attorney to fight these charges.

1 Answer | Asked in Criminal Law, Personal Injury, Traffic Tickets and Native American Law for Oklahoma on
Q: Who do i contact concerning conditions of a city jail?

The jail is inhumane, uninhabitable, and the inmates are mistreated. No running water, no working toilets in any of the cells, they are allowed 2 phone calls and that's it, they will let you sit and rot before allowing you another phone call, women having their menstrual cycles are denied pads,... Read more »

Keegan Kelley Harroz
Keegan Kelley Harroz answered on Aug 5, 2019

You need to discuss your case with a civil rights attorney. If you go down this road it will be expensive and time consuming, so you may have to seek help from a nonprofit, which can be hard, but not impossible. The ACLU is a good place to start. Unfortunately, your experience is more common than... Read more »

1 Answer | Asked in Immigration Law, Family Law and Native American Law for California on
Q: My mother is a immigrant And we are scared about her getting arrested by ice.

My mother has lived here for 20+ years . She came from Mexico to flee crime and for a better life . We live in California and she has 3 kids that were born here. She doesn’t have a criminal record. She has a stable job and has never been arrested or pulled over by the law. All this news with the... Read more »

Kevin L Dixler
Kevin L Dixler answered on Jul 4, 2019

The alleged plan is to look for people with final deportation orders, but incidental to a search, ICE may find others, ask questions and consider whether to detain, release and serve a notice to appear in immigration court.

It can help to review your situation and hers, but it is unclear...
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2 Answers | Asked in Family Law, Child Custody and Native American Law for Oklahoma on
Q: What would be a reason we are still in emergency temporary guardianship 16 months later?

We have had guardianship of our granddaughter since birth. Its been 16 months and our hearings keep getting continued. We have asked that a motion be filed for permanent guardianship but we get told "no we dont want to do that we are going for guardianship". Isnt a law that after 6 months of a... Read more »

Hans Otto Lehr
Hans Otto Lehr answered on Jun 28, 2019

There are several different reasons why an "emergency" guardianship may be continued, and they are all very fact-specific and case-specific. It is not uncommon for different Judges in different counties to handle how they continue "emergencies."

As to your second point, I would need to see...
Read more »

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1 Answer | Asked in Immigration Law and Native American Law for California on
Q: I'm an American Indian born in Canada trying to obtain a Permanent Resident Card to live and work in the United States.

I'm an American Indian born in Canada trying to obtain a Permanent Resident Card to live and work in the United States. I have a confirmation of registration letter from Indian Affairs to prove I am status indian. I want to know what other steps I need to take to become a citizen?

Scott E Beemer
Scott E Beemer answered on Jun 11, 2019

Hello,

American Indians born in Canada (with at least 50% American Indian blood) cannot be denied admission to the United States. However, a record of admission for permanent residence will be created if an American Indian born in Canada wishes to reside permanently in the United States....
Read more »

1 Answer | Asked in Native American Law for California on
Q: I was notified I was fired from my position at Tribal TANF program for whistleblowing, while on bereavement leave.

I am a director of a Tribal TANF program. Two days ago, a council meeting happened to discuss how to terminate me. ( I will disclose the detail offline) I also am aware of that at least two of the Council members, and the Deputy Director met before the meeting to attempt to use this information to... Read more »

Neil Pedersen
Neil Pedersen answered on Jun 1, 2019

I am sorry to hear about your situation. Unfortunately, the laws of California and the federal government likely will not apply to your situation. Rather, the laws of the tribal nation where the business is located would be those that will apply to you, and only someone with specific knowledge of... Read more »

1 Answer | Asked in Child Custody and Native American Law for New Mexico on
Q: Can a judge accept a finding of fact from one party and deny the same finding of fact from another party?

Our lawyers filed similar if not exact same findings of facts for our CYFD case, and he accepted some on mine and denied the same ones on his, and vice versa. Our lawyers are out of the office, so we can't ask them yet, but can the judge allow a fact from my finding and deny the same fact on my... Read more »

Scott E Beemer
Scott E Beemer answered on Apr 26, 2019

Hello,

Unfortunately, you have stated you are represented by counsel and it would therefore be unethical to comment as per ABA Rule 4.2.

1 Answer | Asked in Real Estate Law, Civil Rights, Landlord - Tenant and Native American Law for California on
Q: disabled person who hired a paralegal who wasn't really a paralegal come to find out, she lied to me

all the paperwork she did was wrong she missed a court date for a demurrer. My friend paid her 2k cause I have 0 money and now I don't know what to do about this matter. The court granted the request of the demurrer and I have no clue what just happened. Per the ADA I can ask for a special... Read more »

Manuel Alzamora Juarez
Manuel Alzamora Juarez answered on Mar 15, 2019

It is always a good idea to get references when hiring a paralegal. I believe you need to hire an attorney. A Paralegal is not allowed to practice law. Sorry you were taken. You have not stated what type of case it is , so no one can answer this or give you advice. Best of luck.

1 Answer | Asked in Child Custody, Family Law and Native American Law for New Mexico on
Q: Acoma Pueblo is a sovereign nation. So cyfd and Acoma Pueblo are Collaborated and cyfd took custody of my children. But

We domicile on the Acoma Pueblo . So who has the jurisdiction of this case? We have went to court adjudicatory hearing and cyfd attorney had to do a continuance on this hearing 3 times already. To my knowledge cyfd should have already transferred or gave the Tribal courts jurisdiction, over my... Read more »

Scott E Beemer
Scott E Beemer answered on Feb 28, 2019

Hello,

I am sorry to hear of your situation.

Dealing with a State Agency on Tribal Lands can be a complex situation. Today many tribes have entered into Intergovernmental Agreements (IGA) with the Children, Youth and Families Department (CYFD) of the State as it pertains to the...
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1 Answer | Asked in Family Law, Child Support and Native American Law for Oklahoma on
Q: Is there any way to find documentation for a paternity test that was done in the early 90's for Child support?

I'm needing to prove that my dad is my dad. He wasnt on my original birth certificate but later did a paternity test for child support. We need a court ordered DNA test (which is my 2nd option) so I can apply for a cdib card if I cant locate this info. It seems to have been lost over the years but... Read more »

Pete David Louden
Pete David Louden answered on Feb 17, 2019

You can get a copy of the child support order from the court clerk.

1 Answer | Asked in Native American Law for Maryland on
Q: Is the removal of the indians from their land legal or illegal based on their agreements
Scott E Beemer
Scott E Beemer answered on Feb 14, 2019

Hello,

Unfortunately, this is an overly broad question to answer. There is much more information needed to accurately address your inquiry. Which Nation, tribe and agreement (i.e. Indian Removal Act of 1830 by President Andrew Jackson and the Five Nations)? What era (Presidents Washington,...
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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 New Mexico on
Q: Ok my children got taken away from us by CYFD. And we live on reservation right. So so who takes jurisdiction?

And could this case be dismissed if the tribe and CYFD didnt follow procedure?

Scott E Beemer
Scott E Beemer answered on Jan 22, 2019

Hello,

I am sorry to hear of your situation.

In New Mexico the following tribes have agreements with CYFD:

Mescalero Apache

Navajo Nation

Pueblo of Jemez

Pueblo of Tesuque

Therefore, if you are a member of these tribes CYFD will have...
Read more »

Q: What is the monety amou t required bond or surety for a city manager

None

Tim Akpinar
Tim Akpinar answered on Oct 31, 2018

You could try reposting this question and including Municipal Law under your categories. It might have a better chance of being picked up there.

Tim Akpinar

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