A sign on the Northern Cheyenne Reservation in Montana. Photo from NRC
A non-Indian woman who turned to the Northern Cheyenne Tribe to protect her grandchildren is facing arrest in Montana. Patsy Fercho's two grandchildren are members of the tribe. She doesn't want their biological father -- who is non-Indian -- to gain custody so she asked the tribal court to intervene and won an order in her favor. But a state judge ordered the boys to be returned to their father. He issued a $25,000 warrant against Fercho, who is staying on the reservation with her grandchildren in hopes of avoiding arrest. “Why would this judge insist on having Montana take any kind of jurisdiction when we have a valid order?” Fercho's attorney Roberta Cross Guns told the Associated Press. Cross Guns plans to ask the Montana Supreme Court to confirm the tribe's jurisdiction, the AP reported. Fercho's adopted daughter, who is a tribal member, is the mother of the two boys. She was unable to care for them and that's when Fercho stepped in. Fercho has said the boys have suffered abuse and witnessed abuse in their father's home. But he's never been charged with any crimes. Fercho and other grandparents have participated in protests against Montana's Child Protective Services Division. They claim the agency has ignored allegations of abuse and has mishandled cases. State policy requires placement with a biological parent, the agency's administrator told the Associated Press in July. Placements with grandparents aren't given precedence unless there is good cause to deviate. Get the Story:
Grandmother in custody case, boys hide on Indian reservation (AP 10/12)
Montana Grandparents Organize Against Child, Family Services (AP 7/26)
Embattled grandparents, parents, picket in front of CPS (KTVQ 6/5)
Grandparents protest Child and Family Services (The Great Falls Tribune 4/17)
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