transfer to tribal court

In re Shirley T., January 3, 2019 (Supreme Judicial Court of Maine)

Synopsis provided by Westlaw: In child protection proceeding involving children deemed to be Indian children under the Indian Child Welfare Act (ICWA), parents and Indian tribe moved to transfer jurisdiction of matter to Tribal Court. The Portland District Court, Powers, J., denied the motions. Parents appealed.

Holding provided by Westlaw: The Supreme Judicial Court, Gorman, J., held that trial court had “good cause,” within meaning of ICWA, not to transfer matter to Tribal Court.
Affirmed.

Read the full decision at the National Indian Law Library website.

United Auburn Indian Community of the Auburn Rancheria v. Edmund G. Brown, Jr., October 13, 2016, (California)

Read a full copy of the decision at the National Indian Law Library website.

Synopsis provided by Westlaw: State moved to terminate natural mother’s parental rights, default order was entered against mother, and Indian tribe intervened after mother became enrolled citizen of tribe. The District Court, Rogers County, Stephen R. Pazzo, J., granted tribe’s motion to transfer the case to tribal court under the Indian Child Welfare Act (ICWA). State and foster mother appealed.

Holdings provided by Westlaw: The Supreme Court, Taylor, J., held that:
1) ICWA applied to proceeding, and
2) good cause to prevent transfer was not established by clear and convincing evidence.
Affirmed.

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In re Interest of Tavian B., February 19, 2016 (Nebraska)

Background from Westlaw: State filed petition to terminate the parental rights of mother and father to their purportedly Indian children. Father sought transfer of proceedings to Tribal Court. Prior to juvenile court’s ruling on motion to transfer, the state withdrew its motion to terminate parental rights. The Separate Juvenile Court, Lancaster County, Reggie L. Ryder, J., found that good cause existed to deny request to transfer jurisdiction because the proceedings were in an advanced stage. Father appealed.

Holdings from Westlaw: The Supreme Court, Wright, J. , held that:
1 because state did not meet its burden of establishing good cause to deny transfer of proceeding to tribal court, juvenile court abused its discretion in denying father’s motion to transfer;
2 determination that the foster placement or termination of parental rights proceeding involving an Indian child is at an advanced stage is no longer a valid basis for finding good cause to deny a motion to transfer jurisdiction to a tribal court; and
3 Supreme Court would decline state’s invitation to change its prior holding that the best interests of an Indian child may not be considered when determining whether good cause exists to deny transfer of a foster placement or termination of parental rights proceeding to a tribal court.
Reversed and remanded.
Read the full 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 the transfer, we conclude that the juvenile court abused its discretion in denying the motion to transfer.” View the decision at the National Indian Law Library website.