Here’s the opinion, reversing a trial court decision transferring a simple Indian child custody case to the Isleta Pueblo tribal court.
From KVIA:
Custody dispute doesn’t belong in tribal court, appeals court says
Associated Press – December 19, 2007 7:05 PM ET
SANTA FE (AP) – Custody disputes involving Indian children and their biological parents may not be transferred from state court to tribal court.
The state Court of Appeals issued that ruling this week in a case from Valencia County, where a state judge had OK’d the transfer of a custody dispute to Isleta Pueblo Tribal Court.
The federal Indian Child Welfare Act gives tribal courts jurisdiction in some custody cases, including foster placements and adoptions of Indian children.
But the Court of Appeals says the tribal courts’ jurisdiction does not include cases where Indian children are remaining with a biological parent.
It says the Valencia County judge was wrong to transfer the case to Isleta.
Turtle Talk 