In re Children of Mary J.

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The Supreme Judicial Court affirmed the order of the district court denying the Passamaquoddy Tribe’s motion to intervene in a child protective action involving nonmember children following the removal of the children from the custody of their mother, who resided in the Tribe’s territory, holding that the district court did not err in determining that the Department of Health and Human Services’ removal of the children from the Tribe’s territory was not impermissible state regulation of an “internal tribal matter.” Following the Department’s removal of the children from their mother’s care, the Tribe filed a motion to intervene, alleging that Me. R. Civ. P. 24(a)(2) provided for intervention of right because the removal of the children from the Tribe’s territory constituted impermissible state regulation of an internal tribal matter. The court denied the motion to intervene. The Supreme Judicial Court affirmed, holding (1) the removal of the children did not constitute impermissible state regulation of an internal tribal matter; and (2) the district court did not abuse its discretion by denying the Tribe’s motion for permissive intervention. View "In re Children of Mary J." on Justia Law