Tag Archives: Oglala Sioux

South Dakota Supreme Court Denies Transfer to Tribal Court [ICWA]

Here The Tribe requested transfer and the child’s attorney objected. The trial court did not allow testimony regarding bonding and attachment from the child’s doctor. The Supreme Court held With or without the 2016 regulations, though, circuit courts need the … Continue reading

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Published Permanency/Guardianship [ICWA] Case out of Nebraska Court of Appeals

In re Mercedes L. et al This is a very long decision, but the court’s discussion of appealability of the order is an interesting one.

Posted in Author: Kate E. Fort, Child Welfare, ICWA | Tagged , , , , , ,

Arizona Court of Appeals ICWA Notice Case

Here. I always find it useful when parts of the transcript make it into the appellate court decision: During her direct examination at trial, Mother testified as follows: Q. You advised me earlier that you are affiliated with the Sioux … Continue reading

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South Dakota Supreme Court Overturns Denial of Transfer to Tribal Court

Here. We agree that the court’s denial of the request to transfer was improper. It is undisputed that the circuit court refused to hold a separate evidentiary hearing on the question of good cause. And the court’s commentary on the … Continue reading

Posted in Author: Kate E. Fort, Child Welfare, ICWA | Tagged , , , , , | 1 Comment