One of the children in this case was originally the named plaintiff in A.D. v. Washburn (also called Carter v. Washburn, or the Goldwater litigation). Goldwater is representing the foster parents in this case, now in state court. Tom Murphy, in-house at GRIC, is doing the oral argument for the tribe here.
ICWA Transfer Case Out of Nebraska
We conclude that Cameron and Amanda failed to timely
appeal from the orders denying the motions to transfer the cases to tribal court. As such, this court is without jurisdiction to address Cameron and Amanda’s argument that the juvenile court erred in that respect. Upon our de novo review, we find that the State presented clear and convincing evidence that termination of Cameron’s and Amanda’s parental rights to S, L, H, and J was in the children’s best interests. Accordingly, we affirm the orders of the juvenile court.
Citizen Potawatomi Nation v. Dinwiddie Dept. of Social Services
In an unpublished ICWA case, the Virginia Court of Appeals found that an order denying transfer to tribal court is not a final order and therefore the Nation could not appeal the decision. Footnote 6 points out that the court believes an order to transfer to tribal court is a final order and therefore could be appealed.