Federal Court Finds No Jurisdiction for Itself in Tribal Guardianship Proceeding

Here.

Section 1914 does not confer jurisdiction upon this court because the guardianship action at issue here was not decided under State law. Rather, Plaintiff is challenging an Indian tribal court’s decision to place an Indian child in foster care. Plaintiff does not allege that the tribal court lacked jurisdiction to make a custody determination or otherwise violated his due process or equal protection rights; rather, he merely alleges that its decision violated the Indian Child Welfare Act. However, the Indian Child Welfare Act, 25 U.S.C. §§ 1901-1963, gives Indian tribes jurisdiction to determine custody of Indian children. See DeMent v. Oglala Sioux Tribal Court, 874 F.2d 510, 514 (8th Cir. 1989). The Indian Child Welfare Act does not confer jurisdiction upon this court to review the propriety of the tribal court’s guardianship decision in this case.

2 thoughts on “Federal Court Finds No Jurisdiction for Itself in Tribal Guardianship Proceeding

  1. sky thompson May 7, 2014 / 12:44 pm

    Do you have a cite for the case?

  2. ilpc May 7, 2014 / 2:51 pm

    The case was just decided on the 5th, so there is no Reporter cite for it yet.

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