indianz.com your internet resource indianz.com on facebook indianz.com on twitter indianz.com on Google+ indianz.com on soundcloud
phone: 202 630 8439
The University of Tulsa College of Law - Master's in Indian Law
Advertise on Indianz.Com
Home > News > Headlines

printer friendly version
9th Circuit rules against tribe in California ICWA case
Wednesday, July 20, 2005

California tribes do not have exclusive jurisdiction over Indian Child Welfare Act cases, the 9th Circuit Court of Appeals ruled on Tuesday.

In a unanimous decision, a three-judge panel refused to transfer an Indian child welfare case to the Elem Indian Colony. The mother, a tribal member, had challenged a state court's termination of her parental rights.

Normally, ICWA vests the tribe with exclusive jurisdiction in such cases. But since California is a Public Law 280 state, the court said it had to view the legal landscape in light of the state's broad civil and criminal jurisdiction over Indian lands.

First, the court concluded that it has jurisdiction under ICWA to hear the case. The state had argued that a legal doctrine barred federal courts from reviewing state court decisions.

In a more important finding, the court said that ICWA contains an exception for Public Law 280 states like California. The judges noted that the law provides a method for tribes like the Elem Indian Colony to resume exclusive jurisdiction over Indian child welfare matters but that didn't happen in this case.

So rather than "undo this statutory and historical framework and immediately vest exclusive jurisdiction in the tribes," the court said it must uphold the state's "concurrent jurisdiction" over Indian child dependency proceedings.

From an ultimate perspective of public policy and in furtherance of the goal of tribal sovereignty over the destiny of Indian children, a transition from Public Law 280 jurisdiction to tribal jurisdiction in child custody proceedings may well be appropriate," Judge M. Margaret McKeown wrote for the majority. "But we believe this is a judgment for Congress to make, not the courts."

The case was being monitored by the Tribal Supreme Court Project [Briefs] for the precedent it sets in California and potentially nationwide in Public Law 280 states. A rehearing before the full 9th Circuit or an appeal to the U.S. Supreme Court is possible.

Get the Story:
State Can Terminate Indian Parental Rights, Court Says (The Los Angeles Times 7/20)
Username: indianz@indianz.com, Password: indianzcom

Get the Decision:
Doe v. Mann (July 19, 2005)

Relevant Links:
National Indian Child Welfare Association - http://www.nicwa.org

Related Stories:
'Baby K' heads home to Navajo Nation after 17 years (07/06)
Adopted Navajo child to return home to reservation (06/22)
Wisconsin tribes form child welfare partnership (06/16)
Failures cited in child abuse on Utah reservation (03/21)
Couple says mother didn't want son in her tribe (03/01)
Hearing slated on custody dispute over Indian boy (02/28)
Yellow Bird: A nation cannot flourish without children (02/01)
Indian mother in South Dakota wants adopted son back (01/31)
Navajo child welfare case sparks legal battle (01/31)
New Mexico infant law said to conflict with ICWA (01/28)
Iowa announces foster care plan for Indian children (11/24)
Alaska opinion backs away from tribal courts (11/01)
Alaska wants to reduce tribal powers in child welfare (09/09)
Fort Peck Tribes sign child welfare agreement (09/07)
Dispute over child welfare contract continues (09/06)
South Dakota Supreme Court supports ICWA case (08/27)
Choctaw Nation helping man in child custody battle (07/06)
Foster care commission seeks tribal inclusion (05/19)
Judge cites ICWA in returning drug addicted baby (03/22)
Native children living in poor, single-parent homes (03/19)
S.D. tribes unhappy with gutting of ICWA bill (02/24)
Bill seeks study of Indian child welfare system in S.D. (02/05)
High rate of Indian adoptions in Iowa protested (01/13)

Copyright 2000-2005 Indianz.Com
More headlines...
Stay Connected:
On Facebook

On Twitter

On Google+

On SoundCloud
Local Links:
Federal Register | Indian Gaming | Jobs & Notices | In The Hoop | Message Board
Latest News:
First Lady Michelle Obama shares story of hope with Indian school (5/26)
Remarks by First Lady Michelle Obama at Santa Fe Indian School (5/26)
Gary Davis of NCAIED joins Small Business Administration council (5/26)
Arne Vainio: A mother's gift carried me through many life journeys (5/26)
Native Sun News: Tribes score big in fights against energy projects (5/26)
Lakota Country Times: Education Secretary hears from Pine Ridge (5/26)
Ivan Star Comes Out: Ending Whiteclay beer sales starts at home (5/26)
Vi Waln: Rosebud Sioux youth lead efforts to bring relatives home (5/26)
Gyasi Ross: Drug epidemic sweeping through Native communities (5/26)
Jacqueline Keeler: Shameful and skewed poll on racist NFL name (5/26)
Interview with Melvin Monette about Cobell scholarship program (5/26)
Auction house in France won't stop sale of sacred tribal property (5/26)
United Keetoowah Band installs new leader after impeachment (5/26)
Kewa Pueblo builds new community around historic trading post (5/26)
Eastern Cherokee elder translates 'Charlotte's Web' into Tsalagi (5/26)
Puyallup Tribe works to keep language alive for new generations (5/26)
Iowa Tribe offers free play on poker website ahead of full launch (5/26)
Alabama-Coushatta Tribe offers gaming options closer to home (5/26)
Kaw Nation receives national award for tribal gaming initiatives (5/26)
Indian Health Service reform efforts gaining steam on Capitol Hill (5/25)
Indian Health Service announces more hires at troubled hospital (5/25)
Keepseagle attorneys open application process for $38M in grants (5/25)
Three tribes enter cooperative agreements for buy-back program (5/25)
New leader selected for HUD's Office of Native American Programs (5/25)
Indian relay racers gear up for event hosted by Muckleshoot Tribe (5/25)
Cronkite News: Tribes seek return of property up for sale in France (5/25)
Native Sun News: Anti-suicide effort incorporates tribal traditions (5/25)
Lakota Country Times: Pine Ridge youth showcase film projects (5/25)
Mark Trahant: Native vote victory for Tawna Sanchez in Oregon (5/25)
Brandon Ecoffey: Lakota people come together in times of need (5/25)
Editorial: Tribes must come up with plan for return of Black Hills (5/25)
John McCoy: Disenrollment and blood quantum are not our way (5/25)
Adrian Jawort: Addressing race relations and healing in Montana (5/25)
Fort Peck Tribes oppose new directive on transgender students (5/25)
Leader of United Keetoowah Band ousted through impeachment (5/25)
Agua Caliente Band launches software development company (5/25)
Sen. Barrasso to chair platform committee for GOP convention (5/25)
Cowlitz Tribe welcomes discussions with opponent over casino (5/25)
Little Traverse Bay Bands open doors to Class II gaming facility (5/25)
Tuolumne Band celebrates 15th birthday with casino expansion (5/25)
Former Winnebago Tribe casino employee denies theft charge (5/25)
Proposed rule brings LGBT equality to tribal housing programs (5/24)
Chairman of Quapaw Tribe endorses Democrat Hillary Clinton (5/24)
Appropriations bill blocks new federal recognition regulation (5/24)
Native American Children's Safety Act clears final Hill hurdle (5/24)
9th Circuit won't rehear Tohono O'odham Nation gaming case (5/24)
Lakota Country Times: Army promises return of tribal children (5/24)
Native Sun News: New business sprouts up at Wounded Knee (5/24)
Mark Trahant: Tulalip citizen lands role in Democratic platform (5/24)
Brandon Ecoffey: Pine Ridge unites for search of missing men (5/24)
Men who went missing found dead on Pine Ridge Reservation (5/24)
Billy Mills: Flawed poll can't justify use of team's racist mascot (5/24)
more headlines...

Home | Arts & Entertainment | Business | Canada | Cobell Lawsuit | Education | Environment | Federal Recognition | Federal Register | Forum | Health | Humor | Indian Gaming | Indian Trust | Jack Abramoff Scandal | Jobs & Notices | Law | National | News | Opinion | Politics | Sports | Technology | World

Indianz.Com Terms of Service | Indianz.Com Privacy Policy
About Indianz.Com | Advertise on Indianz.Com

Indianz.Com is a product of Noble Savage Media, LLC and Ho-Chunk, Inc.