US Supreme Court declines to hear Oglala, Rosebud case against South Dakota officials

The Supreme Court didn’t give a reason it declined to hear the case that began in 2013, when the Oglala and Rosebud Sioux Tribes and three parents in Pennington County brought a class action lawsuit against state Department of Social Services and Pennington County officials.The American Civil Liberties Union, representing the tribes and parents, alleged that Native American … Read more

Court Strikes Down Landmark Indian Child Welfare Act Ruling

A federal appeals court has delivered a major blow to tribes and parents who have been seeking stronger enforcement of the Indian Child Welfare Act in South Dakota.The Oglala Sioux Tribe, the Rosebud Sioux Tribe and three Indian parents went to court more than five years ago, alarmed by the large numbers of Indian children being taken from their families. They … Read more

Court Hears Tribal Challenge to South Dakota Child Removals

A lawyer representing two American Indian tribes urged a federal appeals court Tuesday to keep in place the changes a judge ordered for a South Dakota county’s system of removing children from homes in endangerment cases. Read the full article at the ABC News website. Read related coverage at the Indianz website.

South Dakota’s Federal ICWA Ruling Heads To 8th Circuit Court of Appeals

The Indian Child Welfare Act lawsuit filed in Rapid City’s federal court almost five years ago is going to the Eighth Circuit Court of Appeals. A three-judge panel is hearing oral arguments in St. Paul, Minn., on Tuesday, Feb. 12. In March 2013, the Rosebud and Oglala Sioux Tribes, as well as tribal parents, brought … Read more

In South Dakota, Officials Defied a Federal Judge and Took Indian Kids Away From Their Parents in Rigged Proceedings

In March 2015, Chief Federal District Court Judge Jeffrey L. Viken confirmed what our complaint had alleged: State employees were removing children from their homes and then holding hearings in state court within 48 hours, in which parents were not assigned counsel to represent them, were not given a copy of the petition accusing them … Read more

State, County Officials Appeal Ruling on Native Children Case

South Dakota and Pennington County officials filed an appeal Friday challenging U.S. District Court rulings that ordered changes in their handling of temporary custody hearings involving Native American children. Read the full article at the Rapid City Journal website. Read a related article at the Native Sun News website.

Judge in South Dakota Sanctioned in Indian Child Welfare Act Case

A judge in South Dakota has agreed to pay $50,000 in sanctions in an Indian Child Welfare Act case. Judge Jeff Davis did not admit to “concealing” information sought by the Oglala Sioux Tribe and the Rosebud Sioux Tribe, two of the plaintiffs in the case. But he agreed to pay attorney’s fees for failing … Read more

ICWA: Victory for Tribes as Judge Reaffirms South Dakota Decision

The class action case is now in its third year, having been filed in March 2013 by three Indian mothers and the Oglala and Rosebud Sioux Tribes in South Dakota to address ongoing violations in that state. According to tribal officials and advocacy groups, approximately 750 Indian children a year are swept into foster care, … Read more

Judge in Indian Child Welfare Case Asks Court to Reconsider

A South Dakota state judge and other defendants have filed motions requesting a federal judge reconsider his ruling in which he found state officials in Rapid City set policies that violate the federal Indian Child Act Welfare Act. Read the full article at the Seattle PI website. See related article, “Circuit judge and others claim federal … Read more

‘A Great Triumph for Our Indian Children’: Tribes Win Landmark Child Welfare Case

On Monday, March 30 a federal judge issued a landmark decision affirming that officials in South Dakota violated numerous provisions in the Indian Child Welfare Act (ICWA) and denied Indian parents their rights under the Due Process Clause of the Constitution. Referencing widespread and systemic failure to protect the integrity of Indian families, Judge Jeffrey … Read more

Native Sun News: Lakota Children in ‘Imminent Danger’ in State

The class action lawsuit, which involves the first 48 hours after an Indian child is taken from his or her family, alleges the State of South Dakota regularly violates the Constitutional Rights of Indian parents and provision 1922 of the Indian Child Welfare Act during the “show cause” hearing. The case, OST et. al vs … Read more

Tribes asking federal court to force judge to disclose communications

Chief U.S. District Judge Jeffrey Viken delayed a ruling on whether … 7th Circuit Judge Jeff Davis, of Rapid City, would have to turn over records of his discussions with other 7th Circuit judges…. Viken’s ultimate decision may be a key ruling in the 2-year-old lawsuit brought by the Oglala Sioux and Rosebud Sioux tribes and … Read more

Judge Accepts Feds’ Comments on Indian Child Welfare Case (South Dakota)

August 18, 2014. In what is being called a rare move, the Department of Justice last week threw its support behind two South Dakota tribes and two Native American mothers that have accused state officials of violating the Indian Child Welfare Act by taking custody of their children for 60 days after only a brief hearing. … Read more

Why Are These Indian Children Being Torn Away From Their Homes?

Imagine entering family court and knowing that what’s at stake is the person you hold most dear – your child. Now imagine having a judge tell you that he’s removing your child from your custody, from your home. When you ask him why, the judge’s replies, “I honestly can’t tell you.” The judge then signs … Read more

Swept Away: An In-Depth Look at Oglala Sioux Tribe v. Van Hunnik

This on-going series from the Indian Country Today Media Network examines Oglala Sioux Tribe v. Van Hunnik, which charges South Dakota State and local Pennington County officials with violating the rights of Indian parents and tribes in child custody proceedings. Although the State of South Dakota appeared to be flagrantly operating outside the scope of the … Read more

Article: Protecting the rights of indigenous and multicultural children and preserving their cultures in fostering and adoption

Protecting the rights of indigenous and multicultural children and preserving their cultures in fostering and adoption. Mark Anderson. Volume 52 Family Court Review, page 6. (2014) Article excerpt: This article examines transracial/cultural placement of children for fostering and adoption as discussed within the context of expert evidence in applications for permanent placement. Transracial/cultural placement raises the … Read more

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

Dana Hanna: Courts Continue to Violate ICWA in South Dakota (Native Sun News)

Earlier this year, the Oglala and Rosebud Sioux Tribes and three Indian mothers filed a lawsuit in federal court in Rapid City on behalf of all parents of minor Indian children in Pennington County. That lawsuit, Oglala Sioux Tribe v. Van Hunnik, charges that the South Dakota Department of Social Services (DSS), the Pennington County … Read more