ICWA Indian status

South Dakota SCT Decides ICWA Doesn’t Apply to Children Not Eligible for Membership

Matthew L.M. Fletcher7 Comments

Here is today’s opinion in In re L.S.

An excerpt:

In the circumstances here, however, the Crow Creek Sioux Tribe requires an application for membership. See Constitution and By-Laws of the Crow Creek Sioux Tribe of Fort Thompson, South Dakota, Art. II, Membership. An Indian tribe’s determination of its membership and eligibility for membership is binding and conclusive in an ICWA proceeding. In re Adoption of C.D., 751 N.W.2d 236, 241-42 (N.D. 2008). C.S. has not taken the necessary steps to enroll in the Crow Creek Sioux Tribe, even though she had sixteen months to do so from the time L.S. was removed. Therefore, L.S. is not a biological child of a member of an Indian tribe.

Washington Appellate Court Remands ICWA Indian Status Case

Matthew L.M. Fletcher

Here is the unpublished opinion in In re T.B.

From the opinion:

P.R. appeals Kitsap County orders establishing a dependency for her three children and placing them in the care of others. She argues that there was insufficient evidence to prove that she was incapable of adequately caring for the children. See RCW 13.34.030(6)(c). She also contends that the Department of Social and Health Services and the court failed to comply with the requirements of the Indian Child Welfare Act, 25 U.S.C. § 1912 (ICWA). We find adequate evidence to support the dependency but remand for a proper determination of the children’s Indian status.