While Indian tribes prevailed in the most recent Indian Child Welfare Act (ICWA) case (whose name shall not be spoken) to reach the Supreme Court, the fight for Indian children is far from over. Appeals continue apace, especially in Arizona and Minnesota, with many of the same practitioners making many of the same arguments they have for years in ICWA cases. Tribes are understandably wary of taking an ICWA case up on appeal. However, without many alternatives for enforcement other than direct appeal, state courts, agencies, and especially foster parents work to deny tribes and their children rights under the law.

State laws and court rules can make tribal appeals particularly difficult, and in-house attorneys often work alone, without access to other attorneys to discuss the pros and cons of an appeal. This panel will focus on the nuts and bolts of ICWA appeals in state courts and cover the following topics: how to make a thorough trial record; factors to consider when deciding whether to appeal an ICWA case; danger zone topics; unique procedural appellate issues; and what solutions exist outside of appeals. The panel will be conversational, ask for audience thoughts and participation, and include a lighthearted game that involves the audience.