November 8, 2011
Jurisdiction for Certain Adoption Proceedings
From the StarTribune:
Adoption proceedings for an Indian child whose parents' rights were terminated must take place within state courts, not tribal courts, the Minnesota Supreme Court ordered Wednesday.
In the 4-2 decision, the court reversed two earlier orders granting the White Earth Band of Ojibwe permission to handle the child's adoption within its tribal court.
In its order, the Supreme Court reasoned that under the Indian Child Welfare Act, tribal authority is limited to foster care placement and termination of parental rights -- not adoptive placement.
Read more here.
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I am not thoroughly familiar with the Indian Child Welfare Act (ICWA for short), but based on my limited knowledge the reasoning of the Justices of the Minnesota Supreme Court sounds correct.
Posted by: Tulsa Divorce Attorney | Nov 8, 2011 6:19:59 AM