In a bit of a deviation from my usual blog topics, I feel the need to address the topic of shared parenting. The issue has often become a political one, including in South Dakota. I have seen a number of misconceptions and just plain bad arguments from people on both sides of the issue. I…
The United States Department of Justice has filed a federal lawsuit against the South Dakota Department of Social Services alleging employment discrimination against Native American job applicants. You can view the DOJ press release here, and the federal court complaint here. The complaint alleges that the Pine Ridge DSS office hired less-qualified white people rather…
Since the BIA indicated its intention to publish new regulations regarding the Indian Child Welfare Act (ICWA), there have been at least five lawsuits filed challenging various aspects of the federal Indian Child Welfare Act (ICWA), state versions of that law, or the new BIA Guidelines upon which the proposed regulations are based. I previously…
Two federal court lawsuits have recently been filed challenging aspects of ICWA. The complaint in each case is linked below: 2015.05.27 Nat Council for Adoption v. Jewell Complaint 2015.06.03 Baby Doe – MN ICWA Challenge in Voluntary Adoption The National Council for Adoption v. Jewell case takes aim at the federal ICWA and the New…
The deadline has passed to submit comments on the BIA’s proposed ICWA regulations. I submitted what ended up spiraling into a short treatise on the topic. My comments may be useful to those trying to grasp the changes that would be made by the proposed regulations, as well as some of the substantive changes of…
The Plaintiffs in the Oglala Sioux Tribe v. Van Hunnik federal class action have submitted their response to the reconsideration motions of the Defendants. That response is linked below: 2015_05_11 187 Plaintiff Response to Reconsideration Motions
The Defendants in the Oglala Sioux Tribe v. Van Hunnik federal class action have all requested that the Court reconsider it’s most recent order, which granted summary judgment to the Plaintiffs on essentially all issues. The reconsideration documents are available on Turtle Talk, and linked below. The briefs (documents 168, 171, & 172) contain the…
On March 20, the BIA issued an expansive set of proposed regulations regarding state implementation of the Indian Child Welfare Act (ICWA). This is an exceptionally important development. Previously, with regarding most parts of ICWA, the BIA only issued guidelines. The Guidelines are persuasive authority that courts can look to for guidance, but are not…
The Federal District Court has granted summary judgment in favor of the Plaintiffs on essentially all issues, both ICWA and due process related, in the Oglala Sioux Tribe v. Van Hunnik case. The Court’s Order is linked below: 2015_03_30 150 Order (Granting Partial Summary Judgment) A separate order granting declaratory and injunctive relief will be…
For the first time since 1979, the Bureau of Indian Affairs has updated its Guidelines for State Courts in Indian Child Custody Proceedings. While not binding legal precedent, this document provides guidance in interpreting the Indian Child Welfare Act (ICWA). The original 1979 version has been relied upon heavily by the courts. Linked below is…