indianz.com your internet resource indianz.com on facebook indianz.com on twitter indianz.com on Google+
ph: 202 630 8439   fax: 202 318 2182
Kill The Tobacco Master Settlement Agreement
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...
Local Links:
Federal Register | Indian Gaming | Jobs & Notices | In The Hoop | Message Board
Latest News:
Native Sun News: Tribes discuss water concerns at conference (8/1)
Puyallup fashion designer survives 2nd week on Project Runway (8/1)
Report shows dip in Indian Country detention center population (8/1)
House committee passes bill to protect Gun Lake Tribe's casino (8/1)
George Rivera: Pojoaque Pueblo contributes to state with casino (8/1)
Ted Nugent: Media to blame for tribes canceling casino concerts (8/1)
Chippewa Cree Tribe takes Original American Foundation money (8/1)
Cayuga Nation welcomes 2nd Circuit decision in foreclosure suit (8/1)
Senate Indian Affairs Committee supports bills for Nevada tribes (8/1)
Support grows for trail to recognize forced march of Ponca Tribe (8/1)
Leadership flap in Cheyenne and Arapaho Tribes appears settled (8/1)
Canada posts reports of salaries earned by First Nations leaders (8/1)
Montana to open satellite voting office on Blackfeet Reservation (8/1)
BIA officer involved in fatal shooting on Wind River Reservation (8/1)
Editorial: BIA fails to explain need for federal recognition reform (8/1)
Rep. Young apologizes for grabbing arm of Congressional staffer (8/1)
Chumash Tribe dispels drought concerns amid casino expansion (8/1)
Lawmakers ask DOJ to back bill to reverse online gaming opinion (8/1)
Native Sun News: Lawmakers seek distribution of Cobell checks (7/31)
2nd Circuit protects Cayuga Nation from foreclosure proceeding (7/31)
Senate Indian Affairs Committee passes seven bills at meeting (7/31)
David Wilkins: Finding some common ground on disenrollments (7/31)
Erik Stegman: Racist mascots continue to hurt our Native youth (7/31)
Tribes participate in 400-mile journey from Colorado to Arizona (7/31)
Sen. Tester questions void in leadership at IHS regional offices (7/31)
Matika Wilbur continues photo trip throughout Indian Country (7/31)
Proposed bill targets 'halfbreed' and 'breed' names in Montana (7/31)
Saginaw Chippewa Tribe records high levels of bacteria in river (7/31)
KUOW: Tightening the screws on tribal payday loan operations (7/31)
Notah Begay to be inducted into Stanford Athletics Hall of Fame (7/31)
St. Regis Mohawk Tribe fires police chief following investigation (7/31)
Opinion: Native Americans shackled in poverty by federal policy (7/31)
Fact Checker: Three Pinocchios for Washington team's new site (7/31)
Column: Revisiting Johnny Cash's classic Indian rights recording (7/31)
Column: Sen. McCain breaks promise on Tohono O'odham casino (7/31)
Survey shows support for smoke-free tribal casinos in Wisconsin (7/31)
Prairie Island Tribe arrests woman for possessing meth at casino (7/31)
Chumash Tribe hosts public meeting on $160M casino expansion (7/31)
Crews stop spread of fires that came near Barona Band's casino (7/31)
Native Sun News: Website tracks missing and murdered women (7/30)
Native Sun News: AmeriCorps expands efforts in Indian Country (7/30)
House Natural Resources Committee markup on four tribal bills (7/30)
Mark Begich: A permanent fix for tribal contract support costs (7/30)
Paul Moorehead: Let's get back to promoting self-government (7/30)
Tanya Lee: Violence against Native women a national disgrace (7/30)
Rep. Markwayne Mullin named one of 50 Most Beautiful on Hill (7/30)
Tribes criticize veto provisions in BIA federal recognition rule (7/30)
Great Plains tribes hold conference to safeguard water rights (7/30)
Yurok Tribe wraps up marijuana raids with nearly 13K plants (7/30)
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.