Billie v. Stier, April 25, 2014 (Florida)

Synopsis provided by Westlaw: After unmarried mother who was member of Indian tribe filed custody petition in tribal court, father filed custody petition in circuit court. The Circuit Court, Miami–Dade County, entered order determining that it had jurisdiction pursuant to the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA). Mother filed petition for writ of prohibition.

Holding providing by Westlaw: The District Court of Appeal, Suarez, J., held that tribal court did not substantially comply with jurisdictional standards of the UCCJEA. Writ denied.
Read the full decision at the National Indian Law Library website.

Federal Court Rules on Jurisdiction relating to the Indian Child Welfare Act

In Jones v. Lummi, a federal judge in the state of Washington ruled on an issue relating to tribal jurisdiction.
Here is some text from his 10/22/13 opinion: “More than 20 days have now passed since the court issued its September 30, 2013, order, and neither Mr. Jones nor Defendants have filed a timely response to the court’s order to show cause. Because neither party has responded or challenged the analysis contained within the court’s September 30, 2013, order, the court concludes, consistent with that order, that Lummi Tribal Court has jurisdiction to issue the domestic violence protection order at issue that placed the custody of M.J. temporarily with her mother, Jackie Rose Jones, under the VAWA. Accordingly, the court enters summary judgment in favor of Defendants and dismisses this action in its entirety.”

Read more about this case at the Turtle Talk Blog.

Pilot Project for Tribal Jurisdiction Over Crimes of Domestic Violence, DOJ Notice of 6/14/13

The Department of Justice announces a pilot project for tribal jurisdiction over crimes of Domestic Violence, Friday, June 14, 2013, 78 FR 35961-01, (PDF), 2013 WL 2643596
Related News: VAWA Pilot Project Notice in Federal Register, plus supporting materials (Turtletalk) 6/14/13.

SUMMARY: This notice proposes procedures for an Indian tribe to request designation as a participating tribe under section 204 of the Indian Civil Rights Act of 1968, as amended, on an accelerated basis, pursuant to the voluntary pilot project described in section 908(b)(2) of the Violence Against Women Reauthorization Act of 2013 (“the Pilot Project”), and also proposes procedures for the Attorney General to act on such a request. This notice also invites public comment on the proposed procedures and solicits preliminary expressions of interest from tribes that may wish to participate in the Pilot Project. DATES: Preliminary expressions of interest from tribes are due on or before July 15, 2013. Comments on the proposed procedures are due on or before September 12, 2013. ADDRESSES: Mr. Tracy Toulou, Director, Office of Tribal Justice, Department of Justice, 950 Pennsylvania Avenue NW., Room 2310, Washington, DC 20530, email OTJ@usdoj.gov.