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Indian Law Bulletins
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Archives 2008 Gary K. v. State of Alaska, Office of Children's Services Subjects: Parent and child (Law); Trials (Custody of children) -- Alaska; Child welfare; Parental rights -- Termination. *Synopsis: (from the opinion) A father who failed to establish paternity until his daughter was two years old but who expressed a desire to parent the child after paternity was established appeals the superior court's termination of his parental rights. We conclude the superior court's factual findings were not clearly erroneous and its legal rulings and application of the law were proper. We therefore affirm the superior court's termination of parental rights. *Holding: not yet available A.D.T. and L.D. v. Utah Subjects: Parent and child (Law); Trials (Custody of children) -- Utah; Child welfare; United States. Indian Child Welfare Act of 1978; Navajo Nation, Arizona, New Mexico & Utah -- Members. *Synopsis: (from the opinion) This case requires us to interpret the federal Indian Child Welfare Act (the ICWA), see 25 U.S.C. §§ 1901-63 (2000), and determine its proper application within the framework of the abuse, neglect, and dependency provisions of Utah's Juvenile Court Act of 1996, see Utah Code Ann. §§ 78A-6-301 to -324 (Supp.2008). Mother and Grandfather appeal the juvenile court's December 5, 2007 Findings of Fact, Conclusions of Law, and Adjudication Order wherein custody and guardianship of C.D., A.D., J.T., and S.T. were granted to the Division of Child and Family Services. We affirm in part, reverse in part, and remand for further proceedings consistent with this decision. *Holding: not yet available State v. Beasley Subjects: Concurrent jurisdiction -- States; Concurrent jurisdiction -- Tribes; Jurisdiction -- Idaho; Criminal actions arising on Indian reservations; Shoshone-Bannock Tribes of the Fort Hall Reservation of Idaho; Law -- Tribes; Extradition. *Synopsis: (from the opinion) The district court did not err by denying Beasley's motion to dismiss. Trooper Winans was not outside his jurisdiction when he arrested Beasley, as the state and the Shoshone-Bannock tribes share concurrent jurisdiction over Interstate 15 where it crosses the Fort Hall Indian Reservation. Furthermore, the tribal extradition code does not apply to arrests by state agents in areas of concurrent jurisdiction. Therefore, the arrest was not illegal and the district court was not required to relinquish jurisdiction over Beasley. Beasley's judgment of conviction is affirmed. *Holding: not yet available In re H. E. Subjects: Parent and child (Law); Trials (Custody of children) -- California; Child welfare; United States. Indian Child Welfare Act of 1978. *Synopsis: County Department of Health and Human Services sought order declaring children dependents of the juvenile court and maintaining them in foster care. The Superior Court, Humboldt County, No. JV070221-1-2, Christopher G. Wilson, J., granted order. Mother appealed. *Holding: The Court of Appeal, Lambden, J., held that: (1) removal of children from mother was warranted to protect children from serious emotional harm, and (2) department of health and human services made reasonable efforts to prevent removal. Affirmed. In the Interest of A.P. and S.T. Subjects: Parent and child (Law); Trials (Custody of children) -- Iowa; Child welfare; United States. Indian Child Welfare Act of 1978; Child in need of aid; Sac & Fox Tribe of the Mississippi in Iowa; Indian children -- Legal status, laws, etc. -- Iowa. *Synopsis: (from the opinion) The Sac and Fox Tribe of the Mississippi in Iowa (Tribe) appeals from the juvenile court's denial of its motion to intervene in children in need of assistance (CINA) proceedings that involve two children it alleges are Indian children within the meaning of Iowa's Indian Child Welfare Act (Iowa ICWA), Iowa Code chapter 232B (2007). Upon our review, we affirm the judgment of the juvenile court. *Holding: not yet available Ameriloan v. The Superior Court of Los Angeles County Subjects: Payday loans; Sovereign immunity -- Indian business enterprises; Business transactions -- Non-Indians; Law -- California; United States. Constitution. 10th Amendment; Internet business enterprises; Indian business enterprises -- Miami Tribe of Oklahoma. *Synopsis: Department of Corporations brought action against payday loan companies for violations of Deferred Deposit Transaction Law (DDTL). Companies appeared specially and moved to quash on basis that they were immune from suit under doctrine of tribal sovereign immunity. The Superior Court, Los Angeles County, No. BC373536, Joseph R. Kalin, J., denied motion. Companies filed petition for writ of mandate. The Court of Appeal denied petition. Companies filed petition for review. The Supreme Court granted petition and transferred the matter to the Court of Appeal. *Holding: The Court of Appeal, Perluss, P.J., held that: Adoption of A.A.T. Subjects: Parent and child (Law); Trials (Custody of children) -- Kansas; Child welfare; Adoption. *Synopsis: Natural father, who had been deceived by the mother, brought action to set aside adoption of his newborn child. The Sedwick District Court ordered DNA testing, and adoptive parents appealed. The Court of Appeals affirmed. After DNA testing confirmed natural father's paternity and following a bench trial, the District Court, Richard T. Ballinger, J., refused to set aside the adoption. Natural father appealed. *Holding: After the appeal was transferred, the Supreme Court, Luckert, J., held that: Francis v. Dana-Cummings Subjects: Maine. Civil Rights Act; Trials (Trespass); Trials (Eviction); Jurisdiction -- Maine; Jurisdiction -- Tribal courts; Passamaquoddy Tribe of Maine; Pleasant Point Passamaquoddy Housing Authority (Me.); Maine. Maine Civil Rights Act; Jurisdiction -- Passamaquoddy Tribe of Maine. *Synopsis: Alleged owner of private residence on Indian tribe's reservation brought claims against executive director of tribal housing authority for violation of Maine Civil Rights Act, trespass, and illegal eviction, and executive director filed third-party complaint against authority. The Superior Court, Washington County, Mead, J., 2002 WL 32068355, granted authority's motion to dismiss third-party complaint and sua sponte dismissed underlying complaint based on failure to state a claim and lack of subject matter jurisdiction. Alleged owner appealed. The Supreme Judicial Court issued opinions, 840 A.2d 708, 868 A.2d 196, and 915 A.2d 412, vacating and affirming various trial court rulings and remanded case. On remand, the Superior Court, Washington County, Hunter, J., entered summary judgment in favor of executive director, tribe, and authority. Alleged owner appealed. *Holding: The Supreme Judicial Court, Alexander, J., held that dispute was internal tribal matter over which tribe and tribal court had exclusive jurisdiction not subject to regulation by the state. Affirmed. State v. Priest Subjects: *Synopsis: Defendant was convicted, in the Superior Court, Okanogan County, John *Holding: The Court of Appeals, Brown, J., held that: Havasupai Tribe of the Havasupai Reservation v. Arizona Board of Regents Subjects: Genetics -- Research; Human experimentation in medicine; Science -- Moral and ethical aspects; Havasupai Tribe of the Havasupai Reservation, Arizona -- Members; Arizona State University -- Officials and employees; Anthropology -- Research. *Synopsis: Indian tribe and individual members filed actions alleging state and federal claims against Arizona Board of Regents and others in connection with alleged misuse of members' blood samples. Following removal of actions to federal court, dismissal of federal claims, and remand of remaining claims to state court, defendants moved for summary judgment. The Superior Court, Maricopa County, No. CV2005-013190, 2007 WL 1891490, Janet E. Barton, J., entered summary judgment dismissing actions. Tribe and individual members appealed. *Holding: The Court of Appeals, Johnsen, J., held that: Related News Stories: Court ruling on Havasupai blood case good news for tiny tribe (Phoenix New Times) 12/15/08 Mudarri v. State Subjects: Equality before the law; Indian gaming; Gambling on Indian reservations -- Washington (State); Intergovernmental agreements -- Indian gaming; Casinos -- Puyallup Tribe of the Puyallup Reservation, Washington; Electronic games; Scratch-off lottery tickets. *Synopsis: Private casino owner filed declaratory judgment action against state, seeking authorization to operate electronic scratch ticket lottery games at his private casino, or, alternatively, invalidation of compact between state and tribe, under which tribe had exclusive right to operate electronic scratch ticket games at its nearby casino. Parties filed cross-motions for summary judgment, and state filed motion to dismiss for failure to join tribe as an indispensable party. The Superior Court, Thurston County, William Thomas McPhee, J., granted motion to dismiss in part, and granted state's motion for summary judgment in part. Owner appealed. *Holding: The Court of Appeals, Hunt, J., held that: State v. Cayenne Subjects: Fishing nets -- Law and legislation -- Washington (State) -- Application -- Indian Country (U.S.); Confederated Tribes of the Chehalis Reservation, Washington -- Members; Gillnetting. *Synopsis: Following a jury trial, defendant, a member of Indian tribe, was convicted in the Superior Court, Grays Harbor County, David E. Foscue, J., of unlawful use of nets to take fish and, as part of sentence, was prohibited from owning gillnets during term of sentence, on and off reservation. Defendant appealed. The Court of Appeals, 139 Wash.App. 114, 158 P.3d 623, affirmed in part and vacated in part. State filed petition for review, which was granted. *Holding: The Supreme Court, C. Johnson, J., held that court could extend crime-related prohibition on owning gillnets during term of sentence to within boundaries of reservation. Decision of Court of Appeals reversed. Related News Stories: State issues welcome ruling on tribes (The Olympian) 12/8/08. In re D.D. Subjects: Parent and child (Law); Trials (Custody of children) -- Illinois; Child welfare; United States. Indian Child Welfare Act of 1978; Parental rights - Termination. *Synopsis: Termination of parental rights proceeding was brought. The Circuit Court, 9th Judicial Circuit, Hancock County, Patricia A. Walton, J., terminated parents parental rights. Parents appealed. *Holding: The Appellate Court, Lytton, J., held that:
In re People ex rel. L.O.L. Subjects: Parent and child (Law); Trials (Custody of children) -- Colorado; Child welfare; United States. Indian Child Welfare Act of 1978; Parental rights - Termination. *Synopsis: County department of social services filed motion to terminate mother's parental rights. The District Court, Adams County, Katherine R. Delgado, J., denied motion. Child, through her guardian ad litem, appealed. *Holding: The Court of Appeals, Taubman, J., held that: In re A.A. Subjects: Parent and child (Law); Trials (Custody of children) -- California; Child welfare; United States. Indian Child Welfare Act of 1978; Foster care placement; Adoption. *Synopsis: County health and human services agency sought to terminate mother's parental rights to Indian children. Tribe's request to intervene was granted. The Superior Court, Tulare County, Nos. JJV059910A and JJV059910B, Charlotte Wittig, Juvenile Court Referee, terminated mother's parental rights and freed children for adoption. Mother and tribe appealed. *Holding: The Court of Appeal, Wiseman, Acting P.J., held that: State v. Ryan Subjects: Jury selection; Evidence (Law); Drugs -- Law and legislation -- South Dakota. *Synopsis: Defendant was convicted by a jury in the Circuit Court of the Fifth Judicial Circuit, Roberts County, Jon S. Flemmer, J., of unauthorized possession of a controlled substance and possession of drug paraphernalia. Defendant appealed. *Holding: The Supreme Court, Sabers, J., held that: Cypress v. Jumper Subjects: Parent and child (Law); Child welfare; Child support. *Synopsis: Mother sought review of judgment of the Circuit Court, Seventeenth Judicial Circuit, Broward County, Arthur M. Birken, J., denying her request for child support. *Holding: The District Court of Appeal, Palmer, William D., Associate Judge, held that trial court was authorized to deviate from support guidelines under the circumstances. Roe v. Finfrock Subjects: Parent and child (Law); Trials (Custody of children) -- Michigan; Child welfare; United States. Indian Child Welfare Act of 1978; Parental rights - Termination. *Synopsis: (from the opinion) In this termination of parental rights case involving an Indian child, respondent Theresa Finfrock appeals as of right the trial court order terminating her parental rights to her daughter Ashtyn Jasmin Roe. The trial court terminated Finfrock's rights after finding that her rights to another child had been terminated due to physical abuse and that prior attempts to rehabilitate her had been unsuccessful. As the Indian Child Welfare Act (the ICWA) requires, the trial court further found that continued custody by Finfrock was likely to result in serious emotional or physical damage to the child. On appeal, Finfrock argues that the trial court erred by failing to require petitioner Department of Human Services (the Department) to prove that it made “active efforts” to provide the remedial services and rehabilitative programs that the ICWA required. Finfrock further argues that the trial court clearly erred when it found that Finfrock's continued custody was likely to result in serious emotional or physical damage to the child. We conclude that the ICWA requires the trial court to make findings regarding whether the Department made active efforts to provide remedial services and rehabilitative programs designed to prevent the breakup of the Indian family and regarding whether those efforts proved unsuccessful. Because the trial court did not make these findings, we reverse its order terminating Finfrock's parental rights and remand for further proceedings consistent with this opinion. *Holding: not yet available Meyer and Associates Inc. v. Coushatta Tribe of Louisiana Subjects: Contracts -- Coushatta Tribe of Louisiana; Exhaustion of tribal remedies; Jurisdiction -- Louisiana; Sovereign immunity -- Coushatta Tribe of Louisiana; Energy development -- Coushatta Tribe of Louisiana; Power-plants -- Coushatta Tribe of Louisiana; Joint ventures -- Coushatta Tribe of Louisiana; Meyer & Associates, Inc.; Jurisdiction -- Coushatta Tribe of Louisiana. *Synopsis: Indian tribe filed suit in tribal court against engineering firm for damages related to various contracts concerning electric power plant. Subsequently, firm filed suit in district court against tribe for breach of contract. The Fourteenth Judicial District Court, Parish of Calcasieu, No. 2006-2683, R. Richard Bryant, Jr., D.J., denied tribe's exceptions of lis pendens and lack of subject matter jurisdiction. Tribe filed writ application. The Court of Appeal, Third Circuit, 965 So.2d 930, Sullivan, J., granted writ and ordered a stay to allow tribal court to decide whether tribe had waived its sovereign immunity. *Holding: Granting certiorari, the Supreme Court, Traylor, J., held that: State of Minnesota v. William Losh Subjects: United States. Public Law 280; Mille Lacs Band of Chippewa Indians -- Members; Jurisdiction -- Minnesota -- Itasca County; Traffic violations -- On Indian reservations -- Leech Lake Indian Reservation (Minn.); Jurisdiction -- Minnesota. *Synopsis: For the purposes of determining whether the State has subject-matter jurisdiction, pursuant to Public Law 280, to prosecute a tribal member who commits the offense of driving after revocation of a driver's license, in violation of Minn. Stat. § 171.24, subd. 2 (2006), on tribal land because that offense is criminal/prohibitory, a court may consider the underlying basis for the revocation to determine whether the driving after revocation offense raises substantially different or heightened public policy concerns. *Holding: The Supreme Court, Dietzen, J., held that statute defining offense of
driving after revocation of a driver's license was criminal/prohibitory when the
underlying basis for the revocation was driving while impaired or a failure of a
test administered under the implied-consent law.
Forrest County Potawatomi Community v. Township of Lincoln Subjects: Forest County Potawatomi Community, Wisconsin; Real property -- Sales -- Taxation; Taxation -- Law and legislation -- Lincoln (Wis.); Mines and mineral resources -- Indian Country (U.S.); Real property tax. *Synopsis: Native American tribes filed action against town, alleging excessive tax on two parcels of land. The Circuit Court, Forest County, Robert E. Kinney, J., granted summary judgment to town. Tribes appealed. *Holding: The Court of Appeals, Peterson, J., held that evidence that sale of mining company to tribes was not a recent arm's-length sale of just the two parcels at issue was significant contrary evidence that rebutted presumption in favor of town's assessment, thus requiring consideration of tribes' evidence of land's value. Reversed and remanded. Empson-Laviolette v. Crago Subjects: Parent and child (Law); Trials (Custody of children) -- Michigan; Child welfare; United States. Indian Child Welfare Act of 1978; Foster care placement. *Synopsis: Plaintiff Stephanie Empson-Laviolette (Empson), an enrolled member of the Pokagon Band of Potawatomi Indians (Tribe), appeals by right the trial court's order granting sole custody of her son, Z.E., to appellees Shannon and Tricia Scott. Below, pursuant to the Indian Child Welfare Act (ICWA), 25 USC 1901 et seq. , Empson moved the trial court to dismiss the Scotts' motion for custody and to return Z.E. to her custody because she had withdrawn her consent to the Scotts' guardianship of Z.E. Because the ICWA allows the parent of an Indian child who consents to a foster care placement of the child to withdraw her consent to the placement at any time and to have the child returned to her custody, we agree with Empson that she was entitled to have Z.E. returned to her custody. Therefore, we vacate the trial court's order granting custody of Z.E. to the Scotts and remand for an order terminating the Scotts' guardianship of Z.E. and for the effectuation of the return of Z.E. to Empson. *Holding: not available yet In re Shane G. Subjects: Parent and child (Law); Trials (Custody of children) -- California; Child welfare; United States. Indian Child Welfare Act of 1978; Parental rights -- Termination. *Synopsis: The Superior Court, San Diego County, No. 515833E, Cynthia Bashant and Gary M. Bubis, JJ., terminated parental rights to child. Parents appealed. *Holding: The Court of Appeal, McConnell, P.J., held that: Greene v. Commissioner of the Minnesota Department of Human Services Subjects: Minnesota Chippewa Tribe -- Members; Equality before the law; Employment agencies -- Minnesota Chippewa Tribe; Employment agencies -- Minnesota -- Aitkin County; Minnesota Family Investment Program. *Synopsis: Indian Tribe member brought action to challenge order of the Commissioner of Human Services upholding a sanction imposed by county that partially suspended the Minnesota Family Investment Program (MFIP) benefits Tribe member received based on her failure to participate in tribal employment services. The District Court, Aitkin County, affirmed, and Tribe member appealed. The Court of Appeals, 733 N.W.2d 490, affirmed. Tribe member petitioned for review. *Holding: After granting review, the Supreme Court, Dietzen, J., held that: Stephen H. v. Arizona Department of Economic Security Subjects: Parent and child (Law); Trials (Custody of children) -- Arizona; Child welfare; United States. Indian Child Welfare Act of 1978; Evidence (Expert). *Synopsis: In child protection proceeding involving children of Indian descent, the Superior Court, Coconino County, No. MD2006-0031, Margaret A. McCullough, J., ordered that children be made wards of the court and placed under control of Department of Economic Security (DES). Parents appealed. The Court of Appeals, 217 Ariz. 315, 173 P.3d 479, vacated dependency order, and children's guardian ad litem (GAL) appealed. *Holding: The Supreme Court, Ryan, J., held that: David H. v. Karen F. Subjects: Parent and child (Law); Trials (Custody of children) -- California; Child welfare; United States. Indian Child Welfare Act of 1978; Family reunification. *Synopsis: After setting aside jurisdictional and dispositional orders in dependency case because of errors in complying with the Indian Child Welfare Act (ICWA), the Superior Court, Napa County, No. JV15082, Monique Langhorne-Johnson and Michael S. Williams, Commissioners, and Francisca P. Tisher, J., declared Indian child to be dependent and ordered reunification services. Mother appealed. *Holding: The Court of Appeal, Reardon, J., held that: Justin L. v. Superior Court Subjects: Parent and child (Law); Trials (Custody of children) -- California; Child welfare; United States. Indian Child Welfare Act of 1978; Notice (Law); Family reunification. *Synopsis: In dependency proceeding, the Superior Court, Los Angeles County, No. CK66262, Stanley Genser, J., removed two children from parents' custody and denied reunification services. Mother, father of one child, and alleged father of other child petitioned for writ of mandate. *Holding: The Court of Appeal, Aldrich, J., held that failure to notify appropriate Indian tribes required remand for Indian Child Welfare Act (ICWA) compliance. Morgan v. 2000 Volkswagen, License No. 279, VIN # 3VWRA29M2YM125643 Subjects: Forfeiture; Motor vehicles; Jurisdiction -- Minnesota; Jurisdiction -- On Indian reservations -- States. *Synopsis: Enrolled member of Indian tribe, who was charged with committing an offense on his reservation that triggered vehicle forfeiture statute, moved to dismiss forfeiture action. The District Court, Mahnomen County, denied motion. Tribe member appealed. *Holding: The Court of Appeals, Stoneburner, J., held that vehicle forfeiture statute was civil/regulatory in nature and thus could not be enforced by state against Indian-owned vehicles for conduct occurring on owner's resservation.
State of New Mexico v. Harrison Subjects: Roadside sobriety tests -- New Mexico; Cross-commissioned police; Indian reservation police; United States. Bureau of Indian Affairs -- Police; Criminal actions arising on Indian reservations -- Navajo Nation, Arizona, New Mexico & Utah; Evidence (Law). *Synopsis: Defendant, a Navajo Indian, was convicted in the District Court, San *Holding: The Court of Appeals, Vigil, J., held that: Beltran v. Harrah's Arizona Corporation Subjects: Personal injuries; Casinos -- Ak Chin Indian Community of the Maricopa (Ak Chin) Indian Reservation, Arizona; Jurisdiction -- Ak Chin Indian Community of the Maricopa (Ak Chin) Indian Reservation, Arizona; Jurisdiction -- Arizona; Gambling on Indian reservations -- Arizona; Indian gaming -- Ak Chin Indian Community of the Maricopa (Ak Chin) Indian Reservation, Arizona. *Synopsis: Casino patron, who tripped and fell inside Indian casino, brought negligence action against Indian tribe, which owned and operated casino pursuant to a gaming compact with the State of Arizona, and against manager of casino. The Superior Court, Pinal County, No. CV0200701600, William J. O'Neil, J., dismissed action, and patron appealed. *Holding: The Court of Appeals, Espinosa, J., held that: In re "A" Children Subjects: Parent and child (Law); Trials (Custody of children) -- Hawai'i; Child welfare; United States. Indian Child Welfare Act of 1978; Parental rights - Termination; Due process of law. *Synopsis: In child-protection proceedings, Department of Human Services (DHS) moved to terminate mother's parental rights to five children, and father's parental rights to the two children who were his biological children. Following a trial, the Family Court of the First Circuit terminated parental rights and granted DHS permanent custody. Both parents appealed. *Holding: The Intermediate Court of Appeals, Watanabe, P. J., held that:
In re Esmeralda S. Subjects: Parent and child (Law); Trials (Custody of children) -- California; Child welfare; United States. Indian Child Welfare Act of 1978; Parental rights - Termination; Due process of law. *Synopsis: County department of children's services filed dependency petition. The Superior Court, San Bernardino County, No. J209746, James A. Edwards, J., appointed guardian ad litem for mother, and ordered termination of mother's and father's parental rights. Mother appealed. *Holding: The Court of Appeal, McKinster, J., held that:
Garcia v. Gutierrez Subjects: Divorce settlements; Pojoaque Pueblo (N.M.) -- Members; Jurisdiction - New Mexico; Trials (Custody of children); Indian Country (U.S.) -- Defined; Pojoaque Pueblo (N.M.) -- Boundaries; Uniform Child Custody Jurisdiction and Enforcement Act; Fee lands -- Indian Country (U.S.); Jurisdiction -- Pojoaque Pueblo (N.M.). *Synopsis: The District Court, Santa Fe County, Barbara Vigil, D.J., entered divorce judgment. Former husband appealed. *Holding: The Court of Appeals, Robinson, J., held that: In re A.B. Subjects: Parent and child (Law); Trials (Custody of children) -- California; Child welfare; United States. Indian Child Welfare Act of 1978; Parental rights - Termination; Heritage. *Synopsis: In dependency proceeding, county health and human services agency recommended termination of parents' parental rights to son. The Superior Court, San Diego County, No. NJ013487, Michael Imhoff, J., terminated parental rights and found adoption was in son's best interest. Father appealed. *Holding: The Court of Appeal, McConnell, P.J., held that:
Florida House of Representatives v. Crist Subjects: Indian gaming -- Seminole Tribe of Florida; Gambling on Indian reservations -- Florida; Florida. Governor -- Powers and duties; Intergovernmental agreements -- Seminole Tribe of Florida; Intergovernmental agreements - Florida; United States. Indian Gaming Regulatory Act. *Synopsis: State House of Representatives and its speaker filed petition for writ of quo warranto disputing Governor's authority to bind State to Indian gaming compact without legislative authorization or ratification. *Holding: The Supreme Court, Cantero, J., held that:
Hunt Construction Group, Inc. v. Oneida Indian Nation Subjects: Breach of contract -- Turning Stone Casino (N.Y.); Indian gaming -- Oneida Nation of New York; Jurisdiction -- New York (State); Sovereign immunity -- Oneida Nation of New York. *Synopsis:Construction company brought action against Indian tribe alleging breach of contract. The Supreme Court, Oneida County, Robert F. Julian, J., denied Indian tribe's motion to dismiss. Indian tribe appealed. *Holding: The Supreme Court, Appellate Division, held that Indian tribe's limited contractual waiver of sovereign immunity did not encompass actions commenced in Supreme Court, Oneida County. Reversed. In re adoption of C.D. Subjects: Parent and child (Law); Trials (Custody of children) -- North Dakota; Child welfare; United States. Indian Child Welfare Act of 1978; Parental rights - Termination. *Synopsis: Wife of child's father filed petitions to adopt child and terminate mother's parental rights. The District Court, Burleigh County, South Central Judicial District, Sonna M. Anderson, J., dismissed petition under the Indian Child Welfare Act (ICWA). Wife appealed. *Holding: The Supreme Court, Vande Walle, C.J., held that:
In re S.B. Subjects: Parent and child (Law); Trials (Custody of children) -- California; Child welfare; United States. Indian Child Welfare Act of 1978; Parental rights - Termination; Notice (Law). *Synopsis: County health and human services agency filed petition to terminate parental rights of father to dependent child. The Superior Court, San Diego County, No. EJ2701A, Gary M. Bubis, J., granted petition. Father appealed. *Holding: The Court of Appeal, Benke, Acting P.J., held that:
Zephier v. Catholic Diocese of Sioux Falls Subjects: Abused Indian children; Off-reservation boarding schools; United States. Bureau of Indian Affairs; Class actions (Civil procedure). *Synopsis: Former students of a parochial school brought an action against diocese and three alleged providers of teachers and staff, asserting claims of childhood sexual abuse. Summary judgment was granted in favor of defendants based on a conclusion that the sexual-abuse claims were barred by the applicable statute of limitations. Ten former students moved to amend the complaint. Nine of those ten students filed an appeal before a ruling on the motion to amend was made. Notwithstanding the filing of an appeal, the Circuit Court, Second Judicial Circuit, Minnehaha County, Bradley G. Zell, J., held a hearing on the merits and denied the motion. The nine students appealed the denial. *Holding: The Supreme Court, Zinter, J., held that:
One Star v. Sisters of St. Francis, Denver, CO Subjects: Abused Indian children; Off-reservation boarding schools; United States. Bureau of Indian Affairs; Class actions (Civil procedure). *Synopsis: Former boarding school students brought action against boarding school and various religious entities for physical and sexual abuse allegedly perpetrated by members of the entities who worked at the school. The Circuit Court, Seventh Judicial Circuit, Pennington County, A.P. Fuller, J., denied religious entity's motion for summary judgment on statute of limitations grounds, and religious entity appealed. *Holding: The Supreme Court, Zinter, J., held that:
Valerie M. v. Arizona Department of Economic Security Subjects: Parent and child (Law); Trials (Custody of children) -- Arizona; Child welfare; United States. Indian Child Welfare Act of 1978; Parental rights - Termination. *Synopsis: Mother appealed order of the Superior Court, Maricopa County, No. JD 13827, Frank Johnson Jr., J., terminating her parental rights to her three children. *Holding: The Court of Appeals, Hall, J., held that:
Wilson W. v. State of Alaska Subjects: Parent and child (Law); Trials (Custody of children) -- Alaska; Child welfare; United States. Indian Child Welfare Act of 1978; Child in need of aid; Family violence; Family reunification. *Synopsis: Office of Children's Services (OCS) filed petition for adjudication of children as children in need of aid. The Superior Court, Third Judicial District, Palmer, Kari C. Kristiansen, J., found that the children were Indian children within meaning of the Indian Child Welfare Act (ICWA), that the children were children in need of aid, and that OCS complied with the placement preferences and concerns of the ICWA. Father appealed. *Holding: The Supreme Court, Carpeneti, J., held that OCS met its duty under the ICWA to make active efforts to provide remedial services designed to prevent the breakup of the family, despite father's unwillingness to participate in his case plan and his threats of violence against OCS caseworkers. In re N.N.E. Subjects: Parent and child (Law); Trials (Custody of children) -- Iowa; Child welfare; United States. Indian Child Welfare Act of 1978; Foster care placement. *Synopsis: Adoption attorney filed petition to terminate parental rights of Indian mother, who sought to place her child for adoption with non-Indian family. Indian tribe filed a motion to intervene. The District Court, Woodbury County, Mary Jane Sokolovske, J., terminated the parental rights of mother and the putative fathers, and tribe appealed. *Holding: The Supreme Court, Streit, J., held that:
Related News Stories: Iowa Supreme Court rules in Indian adoption case [ICWA] (Radio Iowa) 6/13/08 State ex rel Dewberry v. Kulongoski Subjects: Indian gaming -- Confederated Tribes of the Coos, Lower Umpqua and Siuslaw Indians of Oregon; Gambling on Indian reservations -- Oregon; Intergovernmental agreements -- Oregon; Intergovernmental agreements -- Confederated Tribes of the Coos, Lower Umpqua and Siuslaw Indians of Oregon; Oregon. Governor -- Powers and duties; Constitutional law -- Oregon. *Synopsis: Relators petitioned for writ of mandamus to bar state from carrying out compact that permitted Confederated Tribes of Coos, Lower Umpqua, and Suislaw Indians to open casino. The Circuit Court, Lane County, Karsten H. Rasmussen, J., dismissed petition. Relators appealed dismissal but successfully moved to hold appeal in abeyance pending resolution of their declaratory judgment action in federal court. Following federal court's dismissal of that action, relators reactivated appeal. *Holding: The Court of Appeals, Haselton, P.J. held that:
Langdeau v. Langdeau Subjects: Divorce suits -- South Dakota; Divorce suits -- Lower Brule Sioux Tribe of the Lower Brule Reservation, South Dakota; Non-Indians; Tribal members; Jurisdiction -- Lower Brule Sioux Tribe of the Lower Brule Reservation, South Dakota; Jurisdiction -- South Dakota. *Synopsis: Husband filed motions to dismiss wife's divorce action and the temporary protection order based on lack of jurisdiction. The Circuit Court of the Sixth Judicial Circuit, Lyman and Hughes Counties, Lori S. Wilbur, J., dismissed the divorce action and the temporary protection order. Wife appealed. *Holding: The Supreme Court, Gilberston, C.J., held that:
State of Washington v. Pink Subjects: Traffic violations -- On Indian reservations; Jurisdiction -- Quinault Tribe of the Quinault Reservation, Washington; Jurisdiction -- Washington (State); Roads - Right of way - Quinault Tribe of the Quinault Reservation, Washington. *Synopsis: Defendant, a tribal member, was charged with unlawful possession of a firearm, arising from traffic stop on Indian reservation. The Superior Court, Grays Harbor County, David E. Foscue, J., granted defendant's motion to dismiss. State appealed. *Holding: The Court of Appeals, Quinn-Brintnall, J., held that:
Shepherd v. Stade Subjects: Trespass -- Casinos - Shakopee Mdewakanton Sioux Community of Minnesota; Employees, Dismissal of. *Synopsis: (from the opinion) Appellant asserts that the Shakopee Mdewakanton Sioux Community (the tribe) is an indispensable party to the suit and that, because the tribe cannot be joined, the suit must be dismissed. We conclude that the tribe is neither a necessary nor an indispensable party and therefore affirm the district court's decision. *Holding: not yet available Pam R. v. State of Alaska, Dept. of Health and Social Services, Office of Children's Services Subjects: Parent and child (Law); Trials (Custody of children) -- Alaska; Child welfare; United States. Indian Child Welfare Act of 1978; Grandparents; Foster home care. *Synopsis: Following hearing held on grandmother's status as Indian custodian of her three grandchildren under the Indian Child Welfare Act (ICWA) following children's placement in custody of Office of Children's Services (OCS), the Superior Court, Third Judicial District Anchorage, K. Tan, J., found that grandmother was not the Indian custodian of her grandchildren. Grandmother appealed. *Holding: The Supreme Court, Winfree, J., held that record supported trial court's finding that grandmother was not Indian custodian of her dependent grandchildren under the ICWA based on parental transfer to her of the temporary physical care, custody, and control of the grandchildren, or based on tribal custom. In re Rayna N. Subjects: Parent and child (Law); Trials (Custody of children) -- California; Child welfare; United States. Indian Child Welfare Act of 1978; Parental rights -- Termination; Family reunification. *Synopsis: Child dependency proceedings were initiated. The juvenile court terminated reunification proceedings at a review hearing. Mother petitioned for a writ of mandate to compel the juvenile court to vacate its order terminating reunification services as to her children. *Holding: The Court of Appeal, Willhite, J., held that notice given by county department of children and family services (DCFS) to Indian tribes or the Bureau of Indian Affairs was insufficient to comply with the Indian Child Welfare Act (ICWA). Piedra, Inc. v. State of New Mexico Transportation Commission Subjects: Conveyancing -- New Mexico; Ohkay Owingeh, New Mexico; Roads – Right of way -- On Indian reservations; New Mexico. Dept of Transportation; New Mexico State Transportation Commission. *Synopsis: After State's declaration of vacation and abandonment of right-of-way easement for state road on land owned by Indian tribe, owner of gravel mining operation situated along the road brought mandamus action against the Department of Transportation, its Cabinet Secretary, the State Transportation Commission, and its individual Commissioners, to require defendants to maintain the road as a state road in the state highway system. The District Court, Rio Arriba County, Timothy L. Garcia, D.J., granted summary judgment to plaintiff. Defendants appealed. *Holding: The Court of Appeals, Jonathan B. Sutin, C.J., held that defendants, in connection with declaration of vacation and abandonment of right-of-way easement for state road on land owned by Indian tribe, which road was part of state highway system, had statutory authority to convey the road to the Indian tribe, and to convey to a county the remaining portions of the road that were outside the Indian tribe's land but within the county. Thomas H. v. State of Alaska, Dept. of Health & Social Services, Office of Children's Services Subjects: Parent and child (Law); Trials (Custody of children) -- Alaska; Child welfare; United States. Indian Child Welfare Act of 1978; Parental rights - Termination. *Synopsis: Office of Children Services (OCS) filed petition to terminate father's parental rights to Indian children. The Superior Court, Third Judicial District, Anchorage, Stephanie E. Joannides, J., granted petition. Father appealed. *Holding: The Supreme Court, Fabe, C.J., held that:
Terry v. Mohegan Tribal Gaming Authority Subjects: Civil jurisdiction -- Mohegan Indian Tribe of Connecticut; Sovereign immunity -- Mohegan Indian Tribe of Connecticut; Torts. *Synopsis: (from the opinion) The defendant, Mohegan Tribal Gaming Authority, d/b/a Mohegan Sun Casino, has filed a motion to dismiss the complaint for interpleader, asserting that, pursuant to the doctrine of sovereign immunity, the court lacks subject matter jurisdiction. *Holding: not yet available Day Wholesale, Inc. v. State Subjects: Cigarettes -- Labeling -- New York (State); Seneca Nation of New York -- Members. *Synopsis: Cigarette wholesale dealer brought action against State and Attorney General, seeking injunction to prevent enforcement of amended version of tax law regarding cigarette sales on Indian reservations. The Supreme Court, Erie County, Rose H. Sconiers, J., granted preliminary injunction. State and Attorney General appealed. *Holding: The Supreme Court, Appellate Division, Green, J., held that amended version of statute regarding taxation on cigarettes sold on Indian reservations was not presently in effect. Ogden v. Iowa Tribe of Kansas and Nebraska Subjects: Sovereign immunity -- Iowa Tribe of Kansas and Nebraska ; Employees, Dismissal of -- Iowa Tribe of Kansas and Nebraska; Labor contracts -- Iowa Tribe of Kansas and Nebraska; Indian business enterprises -- Iowa Tribe of Kansas and Nebraska. *Synopsis: Former employee brought action against his employer, a Native American tribe, for breach of employment agreement and wrongful discharge. The Circuit Court, Holt County, Roger Martin Prokes, J., granted employer's motion to dismiss based upon tribal sovereign immunity. Former employee appealed. *Holding: The Court of Appeals, James M. Smart, Jr., J., held that on a question of first impression, tribal sovereign immunity barred the suit of a former employee against the tribe itself relating to his employment at a tribal business located off the reservation.
State ex rel. Suthers v. Cash Advance and Preferred Cash Loans Subjects: Internet business enterprises; Jurisdiction -- Colorado; Indian business enterprises; Offices -- Location; Santee Sioux Nation, Nebraska; Miami Nation of Oklahoma. *Synopsis: State Attorney General opened investigation against two internet lending businesses to determine whether their lending practices violated Uniform Commercial Credit Code (UCCC) and the Colorado Consumer Protection Act (CCPA). Following failure of purported corporate owners of businesses to answer subpoenas, and initiation of contempt proceedings, purported owners moved to dismiss. Two corporations formed by tribal nations, claiming to own the lending businesses, joined the motion, asserting tribal sovereign immunity. The District Court, City and County of Denver, Robert S. Hyatt, J., denied the motion, and the tribal nations appealed. *Holding: The Court of Appeals, Bernard, J., held that:
In re R.T.R. Subjects: Parent and child (Law); Trials (Custody of children) -- Oregon; Child welfare; United States. Indian Child Welfare Act of 1978; Parental rights - Termination. *Synopsis: Termination of parental rights proceedings were brought against mother. The Circuit Court, Lane County, Gregory Foote, J., entered order terminating mother's parental rights. Mother appealed. *Holding: The Court of Appeals held that trial court's findings supported termination, although finding that mother used methamphetamine during pregnancy was not sufficient by itself to support termination. Erika K. v. Brett D. Subjects: Parent and child (Law); Trials (Custody of children) -- California; Child welfare; United States. Indian Child Welfare Act of 1978; Foster care placement. *Synopsis: Indian mother filed petition for custody of Indian child living with third party caretaker. Caretaker was joined as a party. The Superior Court, Humboldt County, No. FS030459, J. Michael Brown, J., granted custody of child to caretaker. Mother appealed. *Holding: The Court of Appeal, Margulies, J., held that:
In re Alice M. Subjects: Parent and child (Law); Trials (Custody of children) -- California; Child welfare; United States. Indian Child Welfare Act of 1978; Parental rights -- Termination; Indian children -- Defined. *Synopsis: The Superior Court, Monterey County, No. H030449, terminated mother's parental rights. Mother appealed. The Court of Appeal, 2007 WL 467761, reversed. On remand, the Superior Court, Monterey County, No. J40094, Russell D. Scott, J., again terminated parental rights. Mother appealed. *Holding: The Court of Appeal, Mihara, J., held that:
Karrie B. v. Catherine J. Subjects: Parent and child (Law); Trials (Custody of children) -- Alaska; Child welfare; United States. Indian Child Welfare Act of 1978; Parental rights -- Termination. *Synopsis: Office of Children's Services (OCS) filed a petition to terminate mother's parental rights to her two children. After a hearing, the Superior Court, First Judicial District, Juneau, Patricia R. Collins, J., declined to order termination. The children's guardian ad litem (GAL) appealed. *Holding: The Supreme Court, Matthews, J., held that: Bodkin v. Cook Inlet Region, INC. Subjects: Alaska Native corporations; Dividends; Age discrimination; Due process of law; United States. Constitution. 5th Amendment; Cook Inlet Region, Inc.; United States. Alaska Native Claims Settlement Act. *Synopsis: Shareholders in Alaska Native regional corporation organized under the Alaska Native Claims Settlement Act (ANCSA) brought class action against the corporation, challenging payments to original shareholders over the age of 65. The Superior Court, Third Judicial District, Anchorage, Dan A. Hensley, J., granted corporation's motion to dismiss. Shareholders appealed. *Holding: The Supreme Court, Fabe, C.J., held that: Cornelius v. Kansas Department of Revenue Division of Motor Vehicles Subjects: Roadside sobriety tests -- Kansas -- Jackson County; Intergovernmental cooperation -- Prairie Band of Potawatomi Indians, Kansas; Intergovernmental cooperation -- Kansas -- Jackson County; Jurisdiction -- Off Indian reservations -- Prairie Band of Potawatomi Indians, Kansas; Police -- Prairie Band of Potawatomi Indians, Kansas. *Synopsis: Motorist sought judicial review of suspension of driver's license after he was issued several citations during stop at sobriety checkpoint. The Shawnee District Court, David E. Bruns, J., affirmed, and motorist appealed. *Holding: The Court of Appeals, Marquardt, J., held that:
In re S.L.H.S. Subjects: Parent and child (Law); Trials (Custody of children) -- Indiana; Child welfare; United States. Indian Child Welfare Act of 1978; Parental rights -- Termination. *Synopsis: Petition was filed to terminate father's parental rights. The Circuit Court, Elkhart County, Deborah A. Domine, Juvenile Magistrate, and Terry C. Shewmaker, J., terminated father's parental rights, and father appealed. *Holding: The Court of Appeals, Kirsch, J., held that:
In re H.B. Subjects: Parent and child (Law); Trials (Custody of children) -- California; Child welfare; United States. Indian Child Welfare Act of 1978; Parental rights -- Termination. *Synopsis: In child dependency proceeding, the Superior Court, Los Angeles County, Marilyn K. Martinez, Commissioner, terminated mother's parental rights. Mother appealed. *Holding: The Court of Appeal, Perluss, P.J., held that trial court's error in failing to make required inquiry during child dependency proceeding as to whether child had Indian heritage, as required by Indian Child Welfare Act (ICWA), was harmless. In re N.M. Subjects: Parent and child (Law); Trials (Custody of children) -- California; Child welfare; United States. Indian Child Welfare Act of 1978; Parental rights -- Termination; Family reunification. *Synopsis: After child protection proceedings were brought, the Superior Court terminated parental rights as to two children. The Court of Appeal, 2006 WL 2556308, ordered a limited reversal of the order of termination for compliance with the Indian Child Welfare Act (ICWA). On remand, the Superior Court, Los Angeles County, No. CK 00574, Steven L. Berman, Juvenile Court Referee, reinstated the termination orders. Parents appealed. *Holding: The Court of Appeal, Flier, J., held that:
In re William K. Subjects: Parent and child (Law); Trials (Custody of children) -- California; Child welfare; United States. Indian Child Welfare Act of 1978; Paternity; Notice (Law). *Synopsis: While biological father was in prison, county department of social services removed child from custody of mother. At dependency hearing after biological father's release, the Superior Court, Shasta County, No. 26573-01, Monica Marlow, J., found that it would not be in best interest of child to offer reunification services to biological father, adjudged child dependent, found that Indian Child Welfare Act (ICWA) did not apply to child, and adopted reunification plan for mother and presumed father. Biological father appealed. *Holding: The Court of Appeal, Nicholson, J., held that:
Cook v. AVI Casino Enterprises, Inc. Subjects: Jurisdiction -- United States; Sovereign immunity -- Indian business enterprises; Indian business enterprises -- Fort Mojave Indian Tribe of Arizona, California & Nevada; Avi Casino Enterprises, Inc.; Casinos; Liability (Law); Drinking and traffic accidents; Law -- Arizona. *Synopsis: (from the opinion) Plaintiffs-Appellants Christopher Cook (“Cook”) and Leidra Cook appeal from the trial court's dismissal of all but one of Defendants based on its holding that those Defendants were entitled to sovereign immunity and that there was a lack of personal jurisdiction. Appellants argue that Defendant Avi Casino Enterprises, Inc., (“Avi”) is a separate and distinct legal entity from the Fort Mojave Indian Tribe (“the Tribe”) and, as such, does not enjoy the Tribe's sovereign immunity. Appellants also argue that they have made a prima facie showing of both general and specific personal jurisdiction, making dismissal inappropriate on jurisdictional grounds. For the reasons discussed below, we affirm the trial court's granting of Defendants' motion to dismiss. *Holding: not yet available Primeaux v. Dooley Subjects: Jury selection; Trials (Murder). *Synopsis: Petitioner filed second state habeas petition, following appellate affirmance, 328 N.W.2d 256, of his state court conviction of second-degree murder and two counts of aggravated assault and of his sentence of life imprisonment without parole, dismissal of two federal habeas petitions, appellate affirmance, 502 N.W.2d 265, of denial of his first state court habeas petition, and denial of two additional federal habeas petitions. The Circuit Court, First Judicial Circuit, Charles Mix County, denied petition, and petitioner appealed. *Holding: The Supreme Court, Konenkamp, Justice. held that:
In re Alejandro A. Subjects: Indian children -- Defined; Vandalism; Juvenile delinquency; California. *Synopsis: Juvenile was adjudicated delinquent in the Superior Court, San Diego County, No. J209-986, Francis M. Devaney, J., for having committed burglary, willfully and maliciously throwing rocks or other items capable of doing serious bodily harm, and related offenses. Juvenile appealed. *Holding: The Court of Appeal, Benke, Acting P.J., held that trial court was not required to determine whether juvenile was Indian child within meaning of Indian Child Welfare Act before conducting disposition hearing in delinquency proceedings. County of Seneca v. Eristoff Subjects: Indian business enterprises -- Taxation; Non-Indians -- Taxation; Motor fuels -- Taxation; Cigarettes -- Taxation; Tribes -- Commerce -- Taxation -- New York; Seneca County (N.Y.). *Synopsis: County commenced Article 78 proceeding to compel Commissioner of Taxation and Finance to collect and remit local share of sales and other taxes on cigarettes and motor fuel sold to non-Indians at businesses owned or operated by Indian tribes. The Supreme Court, Albany County, Kavanagh, J., dismissed petition, and county appealed. *Holding: The Supreme Court, Appellate Division, Rose, J., held that county failed to demonstrate proprietary interest exception to general rule barring suit against state by local governments. In re Miracle M. Subjects: Parent and child (Law); Trials (Custody of children) -- California; Child welfare; United States. Indian Child Welfare Act of 1978; Parental rights -- Termination; Notice (Law). *Synopsis: After reports of child abuse occasioned by mother's use of methamphetamine and marijuana, county department of children and family services (DCFS) placed two daughters with paternal aunt. The Superior Court, Los Angeles County, No. BK07648, Deborah L. Losnick, Commissioner, terminated mother's parental rights. Mother appealed. *Holding: The Court of Appeal, Woods, Acting P.J., held that:
In re N.E. Subjects: Parent and child (Law); Trials (Custody of children) -- California; Child welfare; United States. Indian Child Welfare Act of 1978; Parental rights -- Termination. *Synopsis: Termination of parental rights proceedings were brought against parents. The Superior Court, Orange County, Gary L. Vincent, J., terminated parental rights. Father appealed. *Holding: The Court of Appeal, O'Leary, J. held that social worker's failure to ask father if he had Indian heritage did not prejudice father and thus was not grounds for reversal. Pocatello v. State Subjects: Snake River Basin Adjudication; Water rights -- Idaho -- Pocatello; Railroads -- Right of way -- Shoshone-Bannock Tribes of the Fort Hall Reservation of Idaho. *Synopsis: City appealed decision in the Snake River Basin Adjudication denying city's claimed federal reserved water right. The Fifth Judicial District Court, Twin Falls County, John M. Melanson, J., affirmed. City appealed. *Holding: The Supreme Court, Jones, J., held that:
In re T.A. Subjects: Parent and child (Law); Trials (Custody of children) -- Illinois; Child welfare; United States. Indian Child Welfare Act of 1978; Indians of North America -- Defined. *Synopsis: Father appealed from decision of the Circuit Court, Champaign County, Holly F. Clemons, J., finding child neglected and granting custody and guardianship of child to the guardianship administrator of the Department of Children and Family Services (DCFS). *Holding: The Appellate Court, Myerscough, J., held that:
In re M.B. Subjects: Parent and child (Law); Trials (Custody of children) -- Kansas; Child welfare; United States. Indian Child Welfare Act of 1978; Parental rights -- Termination. *Synopsis: The State petitioned to terminate mother and father's parental rights to their two children. The District Court, Johnson County, Kathleen Sloan, J., terminated parental rights. Father appealed. The Court of Appeals dismissed the appeal and remanded the case. On remand the District Court determined that the Indian Child Welfare Act (ICWA) applied, and declined to invalidate any of its prior rulings. Father appealed. *Holding: The Court of Appeals, Malone, J., held that:
In re N.V. Subjects: Parent and child (Law); Trials (Custody of children) -- Iowa; Child welfare; United States. Indian Child Welfare Act of 1978; Jurisdiction -- Transfer -- Sac & Fox Tribe of the Mississippi in Iowa. *Synopsis: At termination of parental rights hearing, mother requested the court to transfer jurisdiction of the proceeding to tribal court, and father joined the request. The District Court, Polk County, Constance Cohen, Juvenile Judge, granted the request. The State appealed. *Holding: The Supreme Court, Wiggins, J., held that:
In re Miracle M. Subjects: Parent and child (Law); Trials (Custody of children) -- California; Child welfare; United States. Indian Child Welfare Act of 1978; Parental rights -- Termination; Notice (Law). *Synopsis: After reports of child abuse occasioned by mother's use of methamphetamine and marijuana, county department of children and family services (DCFS) placed two daughters with paternal aunt. The Superior Court, Los Angeles County, No. BK07648, Deborah L. Losnick, Commissioner, terminated mother's parental rights. Mother appealed. *Holding: The Court of Appeal, Woods, Acting P.J., held that:
In re A.A. Subjects: Parent and child (Law); Trials (Custody of children) -- Kansas; Child welfare; United States. Indian Child Welfare Act of 1978; Parental rights -- Termination. *Synopsis: After ten-year-old child was found to be in need of care, the District Court, Barton County, Hannelore Kitts, J., terminated mother's and father's parental rights. Mother and father appealed. *Holding: The Court of Appeals, Leben, J., held that:
Spota v. Jackson Subjects: Non-Indians -- On Indian reservations -- Unkechaug Indian Nation (N.Y.); Residency requirements -- Unkechaug Indian Nation (N.Y.); Family violence. *Synopsis: District Attorney, acting on behalf of Indian tribe, applied for order under the Indian Law to remove a non-member from lands of the Unkechaug Indian Nation as an intruder. The County Court, Suffolk County, Hinrichs, J., denied the petition, and appeal was taken. The Supreme Court, Appellate Division, 832 N.Y.S.2d 574, affirmed, and leave to appeal was granted. *Holding: The Court of Appeals, Kaye, C.J, held that:
Bittle v. Bahe Subjects: Sovereign immunity -- Absentee-Shawnee Tribe of Indians of Oklahoma; Jurisdiction -- Oklahoma; Thunderbird Entertainment Center, Inc.; Liability (Law); Drunk driving. *Synopsis: Motorist who was injured in collision with vehicle allegedly driven by intoxicated casino patron filed action against, among others, the casino and the Indian tribe that operated it, alleging dram shop liability. The District Court, Pottawatomie County, Douglas Combs, J., dismissed action on ground of tribal sovereign immunity. Motorist appealed. The Court of Civil Appeals, Division III, affirmed. *Holding: Granting petition for certiorari review, the Supreme Court, Taylor, J. held that:
Related News Stories: Court allows lawsuit over casino-related crash (Indianz.com) 2/6/08 Maisy W. v. State Department of Health and Social Services Subjects: Parent and child (Law); Trials (Custody of children) -- Alaska; Indian children -- Legal status, laws, etc.; Child welfare; United States. Indian Child Welfare Act of 1978; Parental rights -- Termination. *Synopsis: Mother appealed from decision of the Superior Court, Fourth Judicial District, Fairbanks, Randy M. Olsen, J., terminating her parental rights. *Holding: The Supreme Court, Eastaugh, J., held that:
Office of Hawaiian Affairs v. Housing and Community Development Corporation of Hawai'i Subjects: Office of Hawaiian Affairs; Land titles – Registration and transfer -- Maui (Hawaii); Land titles -- Registration and transfer -- Hawaii Island (Hawaii); Transfer (Law); Public lands -- Hawaii; Trust lands -- Hawaii; Housing and Community Development Corporation of Hawaii. *Synopsis: Office of Hawaiian Affairs (OHA), and native Hawaiians, brought action for declaratory and injunctive relief against State and against Housing and Community Development Corporation of Hawai‘i (HCDCH), seeking to enjoin defendants from alienating ceded lands from the public lands trust. After jury-waived trial, the First Circuit Court, Sabrina S. McKenna, J., entered partial judgment for defendants, and certified the judgment for interlocutory appeal. *Holding: The Supreme Court, Moon, C.J., held that:
Polk County v. Department of Land Conservation and Development Subjects: Cities and towns – Growth -- Oregon; Trust lands -- Confederated Tribes of the Grand Ronde Community of Oregon; Zoning law -- Oregon; Land use -- Oregon. *Synopsis: County and activist group sought review of a Land Conservation and Development Commission (LCDC) order which required county to justify an exception to a Statewide Land Use Planning Goal and to take action under the additional provisions of an LCDC rule regarding an area which the county sought to designate as an urban unincorporated community. The Court of Appeals affirmed and dismissed activist group's petition for lack of standing, 199 Or.App. 501, 112 P.3d 409, and activist group appealed. The Supreme court vacated and remanded, 342 Or. 344, 153 P.3d 123. *Holding: On remand, the Court of Appeals, Landau, P.J., held that:
State v. Quintana Subjects: Indian Country (U.S.) -- Defined; Criminal jurisdiction -- Mexico; Traffic accidents -- Pueblo of Cochiti, New Mexico -- Members; Homicide -- New Mexico. *Synopsis: Native American defendant was charged with vehicular homicide and great bodily injury by reckless driving. The District Court, Sandoval County, Louis P. McDonald, D.J., denied defendant's motion to dismiss for lack of jurisdiction, and defendant appealed. The Court of Appeals affirmed. *Holding: On certiorari review, the Supreme Court, Edward L. Chavez, C.J., held that land where crimes occurred was not Indian country. In re Walter W. Subjects: Parent and child (Law); Trials (Custody of children) -- Nebraska; Indian children -- Legal status, laws, etc.; Child welfare; United States. Indian Child Welfare Act of 1978; Parental rights -- Termination. *Synopsis: Mother of Indian child appealed from order of the Separate Juvenile Court, Douglas County, Elizabeth G. Crnkovich, J., terminating her parental rights. The Court of Appeals, 14 Neb.App. 891, 719 N.W.2d 304, vacated and remanded. On remand the Juvenile Court terminated parental rights. Mother appealed. *Holding: The Supreme Court, Connolly, J., held that:
Starr v. George Subjects: Parent and child (Law); Trials (Custody of children) -- Alaska; Indian children -- Legal status, laws, etc.; Child welfare; United States. Indian Child Welfare Act of 1978; Judgments, Foreign; Divorce suits; United States. Indian Child Welfare Act of 1978 -- Application. *Synopsis: In child custody proceedings between maternal grandparents and paternal grandparents of two Tlingit children after mother killed father, maternal grandparents filed motion seeking to dismiss the custody case on grounds that maternal grandparents had obtained tribal council resolutions approving their adoption of the children. The Superior Court, First Judicial District, Juneau, Larry R. Weeks, J., denied motion and granted physical and legal custody of children to paternal grandparents. Maternal grandparents appealed. *Holding: The Supreme Court, Eastaugh, J., held that:
Yellowbear v. State of Wyoming Subjects: Trials (Murder) -- Wyoming; Indian Country (U.S.) -- Defined; Jurisdiction -- Wyoming; Jurisdiction -- United States; Riverton (Wyo.); Wind River Indian Reservation (Wyo.). *Synopsis: Defendant was convicted in the District Court of Hot Springs County, David B. Park, J., of two counts of felony murder and two counts of being accessory to felony murder. Defendant appealed. *Holding: The Supreme Court, Voigt, C. J., held that:
In re J.S. Subjects: Parent and child (Law); Trials (Custody of children) -- Oklahoma; Child welfare; United States. Indian Child Welfare Act of 1978; Parental rights -- Termination. *Synopsis: Mother appealed decision of the District Court, Tulsa County, Carl Funderburk, J., terminating parental rights to minor Indian children. *Holding: The Court of Civil Appeals, Adams, P.J., held that:
Steven H. v. Arizona Department of Economic Security Subjects: Parent and child (Law); Trials (Custody of children) -- Arizona; Indian children -- Legal status, laws, etc.; Child welfare; United States. Indian Child Welfare Act of 1978. *Synopsis: Parents appealed from the decision of the Superior Court, Coconino County, No. MD2006-0031, Margaret A. McCullough, J., ruling that their children, who were Indians and therefore subject to the Indian Child Welfare Act (ICWA), were dependent. *Holding: The Court of Appeals, Timmer, J., held that guardian ad litem (GAL) failed to prove that parents' continued custody of children would likely have resulted in serious emotional or physical damage to them, as required by ICWA.
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A service of the National Indian Law Library of the Native American Rights Fund Links to different months : January | February | March | April | May | June | July | August | September | October | November | DecemberA note about links used in this document Text highlighted in blue are links to information available on the Internet free of charge. Text highlighted in green are links to information available on Westlaw, for the convenience of those who have a Westlaw account. Please contact the National Indian Law Library if you need help obtaining legal documents. The National Indian Law Library and Native American Rights Fund are not affiliated with Westlaw. See www.westlaw.com for more information about the Westlaw legal databases. * Synopsis and holding provided under an agreement with Westlaw.com www.westlaw.com
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