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 Rise of Tribes and the Fall of Federal 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:
Gathering scheduled in June at site of former BIA insane asylum (4/29)
Native Sun News: Tribal college student overcomes challenges (4/29)
Ivan Star Comes Out: Ancestors are gone but language lives on (4/29)
Mike Rounds: Eliminate 'hateful' and 'paternalistic' federal laws (4/29)
Harlan McKosato: White privilege fuels Donald Trump's fanbase (4/29)
Indian Health Service faulted for lengthy waits for patient care (4/29)
Mescalero Apache woman to compete for Miss United States (4/29)
Environmental Protection Agency pays little to tribes for spill (4/29)
Measure to declare bison as official mammal ready for Obama (4/29)
John Wayne's negative views about tribes resurface in debate (4/29)
Chumash Tribe picks Kenneth Kahn as first new leader in years (4/29)
Mille Lacs Band announces upgrades as casino marks 25 years (4/29)
Timbisha Shoshone Tribe sees warmer reception to casino bid (4/29)
Florida racks up legal bills in gaming fight with Seminole Tribe (4/29)
Rosebud Sioux Tribe sues Indian Health Service over shutdown (4/28)
Senate Indian Affairs Committee approves eight bills at meeting (4/28)
Lakota Country Times: Oglala Sioux Tribe to debut justice center (4/28)
Native Sun News: Northern Cheyenne official fired from tribal job (4/28)
Native Sun News: Comments sought on Black Hills mine cleanup (4/28)
Editorial: Native Sun News endorses Hillary Clinton for president (4/28)
Cronkite News: EPA slammed for response to Gold King Mine spill (4/28)
Steve Russell: Donald Trump advisor accuses tribes of terror plot (4/28)
Alex Jacobs: Hillary Clinton must answer to role in Honduras coup (4/28)
Northwest tribes inch closer to reburial of Kennewick Man remains (4/28)
Santee Sioux Tribe hosts task force to address substance abuse (4/28)
Huge crowds flock to New Mexico for annual Gathering of Nations (4/28)
Muckleshoot Tribe to host $50K 'Gold Cup' for Indian relay racing (4/28)
Member of Puyallup Tribe develops 'Teepee' tribal directory app (4/28)
Man in long fight with Shingle Springs Band faces longer sentence (4/28)
Tunica-Biloxi Tribe enters gaming agreement with Mohegan Tribe (4/28)
Timbisha Shoshone Tribe sees casino as a path to self-sufficiency (4/28)
Forest County Potawatomi Tribe announces another hire at casino (4/28)
Mashpee Wampanoag Tribe welcomes rejection of rival casino bid (4/28)
Senate passes measure to include Indian Country in tourism plans (4/27)
Amanda Blackhorse to deliver commencement speech at Haskell (4/27)
Native Sun News: Standing Rock Sioux Tribe aims to stop pipeline (4/27)
Lakota Country Times: Pine Ridge artist gains national recognition (4/27)
Brandon Ecoffey: 'Bull Dawg' represents the Oglala Lakota Nation (4/27)
Mark Trahant: Tribes endorse Native candidates for US Congress (4/27)
John Thune: Tribal citizens suffer with Indian Health Service care (4/27)
Cronkite News: Tribes support more protections at Grand Canyon (4/27)
Gabe Galanda: A moral responsibility to stop tribal disenrollment (4/27)
Vernice Moncooyea Willis: Bernie Sanders deserves our support (4/27)
Jennifer Denetdale: University must stop celebrating genocide (4/27)
Eastern Cherokee group hails Tribal Marijuana Sovereignty Act (4/27)
Leader of Fort Peck Tribes blames baby's death on drug abuse (4/27)
Chippewa Cree Tribe and FBI investigate theft of drugs at clinic (4/27)
Former comptroller of Crow Tribe accused of embezzling $28K (4/27)
Congress set to pass bill to declare bison as national mammal (4/27)
Donald Trump and Hillary Clinton moving closer to nominations (4/27)
Fond du Lac Band won't confirm plan for site adjacent to casino (4/27)
Graton Rancheria on track to complete $175M casino expansion (4/27)
Pokagon Band to debut casino expansion project by end of year (4/27)
Connecticut tribes delay decision on potential casino until 2017 (4/27)
Oregon Lottery official fired as Lewis and Clark ads come down (4/27)
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.