indianz.com your internet resource indianz.com on facebook indianz.com on twitter indianz.com on Google+
ph: 202 630 8439
Fredericks Peebles & Morgan LLP
Advertise on Indianz.Com
Home > News > Headlines
Print   Subscribe
WAER: ICWA matters handled in 'kangaroo courts' in South Dakota

Filed Under: Health | Law
More on: doj, icwa, oglala sioux, rosebud sioux, south dakota
   


Chase Iron Eyes of the Lakota People's Law Project leads protest for Indian children in Washington, D.C., in November 2013. Photo from Lakota People's Law Project / Facebook

The Department of Justice is siding with tribes in an Indian Child Welfare Act dispute in South Dakota:
It's the first time the department has intervened in a federal district court case involving the Indian Child Welfare Act, a law meant to keep Native American families together. The department filed an amicus brief in the case concluding that the state is violating the rights of Native American parents.

In the suit, tribes claim the state is failing to abide by the 36-year-old federal law, removing hundreds of Indian children from their families in court hearings where parents are rarely allowed to speak, and that often last less than 60 seconds.

The children are then placed in foster care, where they may stay for months or years.

"It's disgraceful," says Stephen Pevar, who is a senior staff attorney at the ACLU, which has brought the suit along with the Oglala Sioux and Rosebud Sioux tribes.

As part of the lawsuit, the state had to turn over rarely seen transcripts of 120 recent court hearings. In every one, the Native American children were taken into state custody.

Not a single parent was allowed to testify at the hearings. Most were not allowed to say anything except their names.

"These were virtually kangaroo courts," Pevar says. "There was nothing, nothing that any of the parents did or could have done. It was a predetermined outcome in every one of these cases."

Get the Story:
Justice Department Supports Native Americans In Child Welfare Case (WAER 8/29)

Related Stories:
Native Sun News: DOJ backs tribes in ICWA case in South Dakota (08/21)
Steven Pevar: Indian children are being taken from their homes (07/25)
Native Sun News: Tribes seek final judgment in ICWA dispute (7/21)
Tribes in South Dakota seek control over child welfare programs (06/27)
South Dakota judges ordered to explain stance in ICWA dispute (03/21)
Native Sun News: South Dakota judges balk at ICWA court order (3/20)


Copyright © Indianz.Com
More headlines...
Stay Connected:

Local Links:
Federal Register | Indian Gaming | Jobs & Notices | In The Hoop | Message Board
Latest News:
Native Sun News: Urban Indian organization seeks new center (11/26)
Tentative schedule for White House Tribal Nations Conference (11/26)
White House invites youth to DC for Tribal Nations Conference (11/26)
Leslie Wheelock: Touting nation-to-nation trading and tourism (11/26)
Michael Allen: My ancestor took part in Sand Creek Massacre (11/26)
Dean Suagee: EPA's Clean Power Plan affects Indian Country (11/26)
Mark Rogers: Finding something to be thankful for this holiday (11/26)
Former convicted leader of Crow Tribe seeks to clear his name (11/26)
Appeal set in dispute over Navajo Nation presidential hopeful (11/26)
Judge allows NFL team lawsuit against young Native activists (11/26)
NPR: Alaska Natives put traditional spin on Thanksgiving meal (11/26)
First Nation offers reward for information about missing man (11/26)
First Nations face loss of funds over failure to submit salaries (11/26)
Santa Ysabel Band responds to state lawsuit over online bingo (11/26)
Citizen Potawatomi Nation to meet over liquor sales at casino (11/26)
Flandreau Santee Sioux Tribe could lose casino's liquor license (11/26)
Mashantucket Tribe looks to shift revenues away from gaming (11/26)
Agua Caliente Band selects planner to revamp land near casino (11/26)
Washington gaming panel cuts jobs as non-Indian revenue falls (11/26)
Native Sun News: Oglala Sioux Tribe to issue IDs at tournament (11/25)
James Giago Davies: Polygamy and shunning in Lakota culture (11/25)
Ben Shelly: There's a lot to be thankful for on the Navajo Nation (11/25)
Cara Cowan Watts: Share the blessings of the Cherokee Nation (11/25)
Joe Sexton: BIA's 'ugly' land policies stuck in the 19th century (11/25)
Jenny Durkan: Cop who killed Native man wasn't charged either (11/25)
Oklahoma claims Citizen Potawatomi Nation must collect taxes (11/25)
Divided court won't extend Seneca Nation immunity to business (11/25)
Vice: North Dakota tribe sees $25M a month in energy royalties (11/25)
Members of Lumbee Tribe proud to carry on tradition of service (11/25)
Flandreau Santee Sioux Tribe donates $10K to local food pantry (11/25)
Slate: Non-Indians were encouraged to move to tribal territory (11/25)
Column: Remains of Dakota man hanged in 1862 kept in home (11/25)
Family members plead guilty to thefts from reservation town (11/25)
Authorities investigate fatal crash involving Bad River officer (11/25)
Editorial: Yakama Nation must disclose plans for clean water (11/25)
Roy Burton: Montana tribe puts its people at risk with gaming (11/25)
Lawmaker asks BIA to wait on Cowlitz Tribe casino acquisition (11/25)
Gaming compacts on agenda for 2015 session in New Mexico (11/25)
Quapaw Tribe faces even more competition for Kansas casino (11/25)
Pala Band wins final approval for online gaming in New Jersey (11/25)
Mashantucket Tribe still thinking about Massachusetts casino (11/25)
Tim Giago: Cornflakes every Sunday at Indian boarding school (11/24)
Charles Trimble: A time to give thanks -- For whatever reason (11/24)
Mark Trahant: Incoming Alaska governor opens doors to tribes (11/24)
Native Sun News: Four from South Dakota win big at rodeo final (11/24)
Suzan Shown Harjo to receive Medal of Freedom at White House (11/24)
Bill John Baker: Take pride in Cherokee Nation accomplishments (11/24)
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.