Oglala Sioux Tribe v. Van Hunnik

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 parents weren’t receiving fair preliminary hearings when their children were removed from the home, including that parents couldn’t have an attorney present and couldn’t see documents given to the court by DSS.

Read the full article at the Argus Leader website.

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 secured a historic ruling which confirmed that the state was violating ICWA by failing to provide adequate notice in child welfare proceedings.”Indian children, parents and tribes deserve better,” Judge Jeffrey L. Viken stated in his landmark March 2015 ruling.But that victory is no more. In a unanimous decision, the 8th Circuit Court of Appeals last week set aside the ruling, saying Viken went too far when he ordered the state to improve compliance with ICWA, the 1978 law that remains under attack throughout the nation.

Read the full article at the Indianz.com website.

Read related article from The Chronicle of Social Change.

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 suit against state officials in Pennington County. They claim the process for handling abuse and neglect cases routinely violates ICWA and due process rights.

Listen to the full story on the South Dakota Public Broadcasting Radio website.

 

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 of wrongdoing, and no state employee was called to testify. Moreover, the parents were not permitted to testify, call witnesses, or cross-examine any state employee. The hearings typically lasted fewer than five minutes — some were done in 60 seconds — and the state won 100 percent of the time.

That’s right, 100 percent.

Read the full article at the American Civil Liberties Union (ACLU) 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 to turn over key documents that explain how the state courts handled proceedings involving Indian children.

Read the full article at the Indianz.com website.

Read a related article at the Native Times website.

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, sometimes for months on end, with virtually no compliance with state and federal law.

For decades, Indian parents in Pennington County have been refused court-appointed counsel as stipulated in ICWA, the right to speak in their own defense, cross-examine witnesses or present evidence at the emergency hearings, many of which lasted less than 90 seconds, their suit alleged. They were also denied the right to review the secret petitions filed against them, documents which are routinely available only to the judge.

Read the full article at the Indian Country Today Media Network website.

‘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 Viken issued a partial summary judgment in favor of the plaintiffs in Oglala Sioux Tribe v. Luann Van Hunnik on seven issues before the court regarding emergency removal hearings, also known as “48-hour hearings,” in Pennington County, South Dakota.

Read the full article at the Indian Country Today Media Network website.

Read an opinion piece by attorney Stephen Pevar at the ACLU website.

Read related coverage at the NPR website, the People’s World website, and Indianz.com.

See court documents at Turtle Talk.

 

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 Van Hunnik et. al., being heard in the Federal Courthouse in Rapid City before Chief U.S. District Judge Jeffery Viken, was filed two years ago by ACLU attorneys Dana Hanna and Stephen Pevar on behalf of the Oglala and Rosebud Sioux Tribes and all Indian parents in Pennington County against the Department of Social Services, Judge Jeff Davis and the States Attorney Mark Vargo. Last week attorneys argued on the scope of judicial privilege when it comes to conversations Davis had with other judges and his staff. Plaintiffs have asked for “discovery” of those conversations.

Read the full article at the Indianz.com website.

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 Native American parents against Davis, the South Dakota Department of Social Services officials and Pennington County State’s Attorney Mark Vargo.

Read the full article at the Rapid City Journal website.

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 the full article at the Rapid City Journal website.

Listen to related coverage at the South Dakota Public Broadcasting website.

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 an order giving custody of your son to Social Services.

You might think that such a court proceeding could never happen in the United States – but you’d be wrong.

Read the full article by Stephen Pevar at the ACLU website.

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.

Indian Country Today Media Network logo Although the State of South Dakota appeared to be flagrantly operating outside the scope of the Indian Child Welfare Act, Hanna says, “This case is not just about ICWA. It’s about the systematic denial of due process and fundamental fairness: Indian parents and children have a constitutional right to have a meaningful hearing, one in which they can present evidence and be heard, before the state can take their children for two months and place them in foster care. Since 2010, they have been denied that right in the Seventh Judicial Circuit Court.”

Read Part 1: South Dakota’s Native Children Denied Due Process (2/20/14)
Read Part 2: Suing South Dakota to Protect Native Children (3/17/14)
Read Part 3: The Battle for South Dakota’s Native Children Begins (4/14/14)

State Judges Respond To Federal Order (SD)

Four judges in Rapid City say a federal judge went too far in requiring them to sign orders to produce transcripts. Their response, filed this weekend in federal court in Rapid City, is the most recent action in an ongoing lawsuit claiming violations of the Indian Child Welfare Act and the 14th Amendment in Pennington County.

Read the full article at the South Dakota Public Broadcasting website.

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 issues of attachment and identity. The undesirability of the child being raised apart from the natural biological family’s culture and ethnicity, the undesirability of disrupting secure attachments, and the significance of birth parents’ parenting capacity are placed in stark contrast…..

Read the full article here.

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 Law Office in Rapid City. The lawsuit claims that Indian children are being removed from their homes in hearings that last no more than a few minutes, in which parents fail to receive a copy of the petition against them or have a chance to present evidence.

Learn more about the suit at the ACLU website. See case information on the National Indian Law Library website under Oglala Sioux Tribe v. Van Hunnik. 

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 State’s Attorney’s Office, and the presiding judge and other judges in the Seventh Judicial Circuit routinely violate the constitutional and ICWA rights of Indian parents in child abuse and neglect cases. In a nutshell, the Indian plaintiffs charge that state court judges, assisted by DSS and state prosecutors, routinely order Indian children into long term foster care placements, based on allegations of neglect or abuse, without giving their parents any kind of fair and meaningful hearing. The Indian plaintiffs are seeking an order from the United States District Court that would prohibit state court judges, DSS and the State’s Attorney’s office from placing Indian children in foster homes unless they first give Indian children, parents and Tribes the fair hearing that is their right under ICWA.

Read more at the Indianz.Com  website.