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South Dakota files motion to dismiss tribes' ICWA lawsuit

The South Dakota Department of Social Services is seeking the dismissal of an Indian Child Welfare Act lawsuit filed by the Oglala Sioux Tribe and the Rosebud Sioux Tribe.

The lawsuit accuses the state of violating ICWA by removing Indian children from their homes without due process to their families or to tribes. The state says the tribes lack standing to sue and have failed to state a claim.

The lawsuit, Oglala Sioux Tribe v. Van Hunnik, was filed in federal court. In addition to the tribes, three Indian parents are suing the state.

Get the Story:
SD social services wants tribes' lawsuit tossed (AP 5/22)

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