Federal Judge Rules Lawsuit over Treatment of South Dakota Indian Parents and Tribes Can Move Forward

A federal court has ruled that a lawsuit charging state and local officials with violating the rights of Indian parents and tribes in state child custody proceedings can go to trial. The American Civil Liberties Union filed the lawsuit in March 2013 along with the ACLU of South Dakota and Dana Hanna of the Hanna … Read more

Study Shows Oregon Tribal Students Doing Poorly

PORTLAND, Ore. (AP) — A study shows many tribal children do poorly in Oregon public schools, in part because they’re frequently absent and their schools often show up at the bottom of state rankings. The study was paid for by the Spirit Mountain Community Fund, the philanthropic arm of the Confederated Tribes of Grand Ronde. Read the … Read more

Department of Health and Human Services v. J.G., January 2, 2014, (Oregon)

Synopsis provided by Westlaw: “Department of Human Services moved to appoint Indian child’s current foster parent as child’s legal guardian. The Circuit Court, Klamath County, Cameron F. Wogan, J., granted motion. Mother appealed.” View the decision at the National Indian Law Library website.

In re Jayden D. and Dayten J., January 14, 2014, (Nebraska)

Excerpt from the opinion: “Yolanda W., formerly known as Yolanda O., appeals from the decision of the separate juvenile court of Lancaster County, which denied her motion to transfer the termination of parental rights proceeding in this juvenile case to tribal court. Because we find that the State failed to establish good cause to deny … Read more

State v. B.B. December 19, 2013, (North Dakota)

Synopsis provided by Westlaw: “After tribal court awarded custody of Native American child to his Native American maternal grandmother, State brought action against child’s non-Indian father, seeking an adjudication of paternity, an award of future child support, and an order requiring father to reimburse State for public assistance provided to child’s grandmother. The District Court, … Read more

Cherokee Strengthens Child Custody Laws, Giving Preference to Biological or Tribal Family

“Without a doubt our people, especially our youth, are the tribe’s most valuable asset,” said Cherokee Nation Principal Chief Bill John Baker. “This new Cherokee Nation law will give our tribal sovereign government and our hard-working ICWA staff an additional tool to protect our people and ensure Cherokee children have the opportunity to live in … Read more

Rosebud Sioux Tribal Court Orders Children Returned to Father

His two girls had been taken by their mother, Heather Shepard, to the Rosebud Sioux Reservation in October in violation of McNutt’s legal custody of the children. Despite a warrant issued for Shepard’s arrest, state law enforcement officers could not intervene since the children were on reservation land. But, sovereignty issues were swept aside by … Read more