tribal membership

Matter of D.E. August 7, 2018 (Montana)

Synopsis provided by Westlaw: In child protection proceedings, the District Court, Second Judicial District, Butte/Silver Bow County, Nos. DN-15-75-BN and DN-15-76-BN, Brad Newman, J., terminated mother’s parental rights with respect to two children. Mother appealed, and appeals were consolidated.

Holdings provided by Westlaw: The Supreme Court, Gustafson, J., held that:
1) Department of Public Health and Human Services failed to meet burden under the Indian Child Welfare Act (ICWA) to actively investigate further and make formal inquiry with tribe for conclusive determination of children’s tribal membership eligibility prior to terminating mother’s rights to children, and;
2) evidence was sufficient to support finding that mother’s condition was unlikely to change within reasonable time, as required to terminate her parental rights after children were adjudicated youth in need of care.

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

In Matter of L.D. March 27, 2018 (Montana)

Synopsis provided by Westlaw: In child protection proceeding, the District Court, Eighth Judicial District, Cascade County, John A. Kutzman, J., terminated mother’s parental rights. Mother appealed.

Holdings provided by Westlaw: The Supreme Court, Sandefur, J., held that:
1) Department of Health and Human Services could not passively rely on inaction of Indian tribe to satisfy burden under Indian Child Welfare Act (ICWA) to actively investigate and ultimately make formal inquiry with tribe for conclusive determination of child’s tribal membership eligibility, and
2) trial court could not rely on mother’s stipulation or acquiescence that the Indian Child Welfare Act (ICWA) did not apply to child to satisfy its threshold duty to obtain conclusive determination from Indian tribe of child’s tribal eligibility. Reversed and remanded.

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

In re Doe, February 1, 2016 (Idaho)

Synopsis provided by Westlaw: In adoption proceedings in which Indian tribes intervened, claiming the child at issue was an Indian child protected by the Indian Child Welfare Act (ICWA), the 7th Judicial District Court, Bonneville County, Ralph L. Savage, Magistrate Judge, determined that child was not an Indian child, granted adoption, and granted attorney fees against tribes. Tribes appealed.

Holdings from Westlaw: The Supreme Court, W. Jones, J., held that:
1) any error in trial court’s failure to find that child was an Indian child subject to the ICWA was harmless;
2) trial court abused its discretion by compelling discovery with respect to application by child’s father for Indian tribe membership;
3) trial court abused its discretion by enjoining tribes from processing or filing any enrollment for tribal membership on behalf of child; and
4) trial court order granting attorney fees in favor of adoptive parents violated tribes’ sovereign immunity.
Affirmed in part and reversed in part.
Read the full decision at the National Indian Law Library website.