Court denies tribal jurisdiction in ICWA case

Friday, September 14, 2007  

The South Dakota Supreme Court denied the Sisseton-Wahpeton Sioux Tribe jurisdiction in an Indian Child Welfare Act case.

The court said the tribe lacked authority over Daniel John Carlson, who is non-Indian, and his daughter. The court said the daughter is not a ward of the tribe and that Carlson does not live on the Sisseton-Wahpeton Sioux Reservation, which has been diminished.

Carlson's ex-wife is a tribal member. She sought custody of the couple's 6-year-old daughter after Carlson left their 17-month-old daughter in a locked car all day, leading to her death.

The state did not prosecute Carlson so his ex-wife, Barbara Baldwin, sought custody in tribal court under ICWA.

Get the Story:
State high court rules tribe has no jurisdiction over father, child (AP 9/14)

Court Decision:
IN RE THE MATTER OF J.D.M.C. (September 12, 2007)

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

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