Justia Native American Law Opinion Summaries

A child with multiple disabilities was living with his adoptive parents and several adult siblings, including one sibling with severe mental health issues who engaged in violent behavior. The Office of Children’s Services (OCS) became involved after incidents of domestic violence and reports that the parents were not sufficiently protecting the child. Despite OCS’s warnings and referrals to support organizations, the parents repeatedly allowed the violent sibling back into the home, exposing the child to further risk. Over several years, OCS provided rehabilitative services and created case plans requiring the mother to engage in parenting classes, substance abuse treatment, and measures to keep her adult children out if they were dangerous.The Superior Court for the State of Alaska, Third Judicial District, Palmer, initially placed the child in OCS custody and appointed a guardian ad litem. The Tribe intervened, and the mother stipulated at an adjudication hearing that the child was in need of aid. OCS continued to provide services and monitored compliance with the case plan, but the mother allowed the adult siblings, including the violent one, to return home. The mother partially engaged with required services but failed to demonstrate sustained protective capacity. OCS eventually filed a petition to terminate parental rights. At trial, testimony from caseworkers, experts, and law enforcement highlighted ongoing risks and the mother’s inability to remedy the unsafe conditions.The Supreme Court of the State of Alaska reviewed the termination order. It held that the Superior Court did not err in finding the child was in need of aid due to substantial risk of mental injury from exposure to domestic violence. The Supreme Court affirmed that OCS made active efforts to reunify the family, that the mother did not remedy the conduct placing the child at risk, and that returning the child to her custody would likely result in serious harm. The Court further held that termination was in the child’s best interests and affirmed the Superior Court’s ruling. View "Erin I. v. State of Alaska" on Justia Law

A mother with a lengthy history of drug use, trafficking, and prior child welfare involvement was incarcerated in federal prison after being convicted for conspiracy to possess and distribute controlled substances. Her two minor children, D.L. and A.L., were initially placed with their father. After the children later disclosed abuse and neglect in their father's home, the Department of Social Services removed them and placed them in foster and institutional care.The Circuit Court of the Second Judicial Circuit, Minnehaha County, South Dakota, oversaw abuse and neglect proceedings. Both parents stipulated that the children lacked proper parental care. The mother participated in hearings by video conference from prison. During the case, the mother filed three motions for compassionate release from federal custody, arguing that her early release would allow her to reunite with her children and avoid termination of her parental rights. While her first two motions for compassionate release were denied, her third remained pending at the time of the final dispositional hearing. The circuit court denied her requests for a continuance, emphasizing the children's need for stability and the uncertainty of the compassionate release proceedings. The court terminated both parents' rights, finding that the state had met its burden under the Indian Child Welfare Act and that termination was in the children’s best interests.The Supreme Court of the State of South Dakota reviewed only whether the circuit court abused its discretion in denying the mother’s continuance requests based on her pending compassionate release motion. The Supreme Court declined to take judicial notice of the subsequent federal order granting compassionate release, as it was outside the appellate record and occurred after the termination decision. The Supreme Court held that the circuit court did not abuse its discretion in denying the continuance, emphasizing the children’s need for permanency and the speculative nature of the mother’s potential release. The decision of the circuit court was affirmed. View "Interest Of A.l." on Justia Law

Two parents, Ruby and Jaspar, challenged the termination of their parental rights to their two children, both of whom are considered Indian children under the Indian Child Welfare Act (ICWA) due to their mother’s tribal membership. Both parents had longstanding substance abuse issues, and the Office of Children’s Services (OCS) became involved after incidents of neglect, drug exposure, and unsanitary living conditions, including both children testing positive for opioids at birth and after the family’s eviction. The children were removed from the home and placed with relatives, while OCS provided the parents with case plans, referrals to treatment, visitation arrangements, and repeated efforts to maintain contact and assist with reunification.The Superior Court of the State of Alaska, First Judicial District, Juneau, oversaw proceedings in which both parents stipulated to probable cause that their children were in need of aid. Over time, both parents disengaged from OCS and became largely unreachable, prompting OCS to increase its efforts to locate them through various means, including collaboration with tribal representatives, outreach at shelters, and the use of multiple databases. Despite intermittent contact and some attempts by the parents to reengage, the children remained in foster care for nearly three years while OCS continued providing services and support to the children and their caregivers.On appeal to the Supreme Court of the State of Alaska, the parents argued that OCS failed to make “active efforts” to reunify the family as required by ICWA, and the mother further argued that the court erred in finding her continued custody likely to harm the children and that termination was in their best interests. The Supreme Court affirmed the termination, holding that OCS made thorough and diligent efforts under ICWA, that the record supported the finding of likely harm if the children were returned to the parents, and that termination was in the children’s best interests. View "Ruby C. v. State" on Justia Law

This case concerns a mother’s appeal from an order terminating her parental rights to three children, following state intervention and child protection proceedings. The Department of Public Health and Human Services initiated proceedings by filing petitions asserting the children were in need of care, identifying the children’s parents, and considering whether the Indian Child Welfare Act (ICWA) might apply. The Department investigated possible tribal connections, particularly with the Blackfeet Tribe, by gathering family history, sending verification requests, and notifying the Tribe of hearings. The Blackfeet Tribe responded that none of the children were enrolled or eligible for enrollment. The Department completed ICWA checklists, and the district court, after multiple hearings, consistently found no reason to know the children were Indian children under ICWA.The Eighth Judicial District Court, Cascade County, terminated the mother’s parental rights, finding that the Department made diligent efforts to determine the applicability of ICWA. At no point during the proceedings did the mother object to, or challenge, the Department’s efforts or the court’s determination that ICWA did not apply. It was only on appeal that she argued the Department’s efforts were insufficient, citing potential errors in information provided to the Blackfeet Tribe.The Supreme Court of the State of Montana reviewed whether the district court correctly found that the Department made diligent efforts regarding ICWA. The Supreme Court held that the district court’s findings were not clearly erroneous: the Department fulfilled its duty to investigate and notify the Tribe, and no evidence supported a contrary result. The Court further held that the mother waived her right to challenge the Department’s ICWA efforts by not objecting during the lower court proceedings. The Supreme Court affirmed the order terminating parental rights. View "In re L.C." on Justia Law

A mother gave birth to a child who was eligible for enrollment in an Indian tribe as defined by the Indian Child Welfare Act (ICWA). The mother admitted to using methamphetamine during pregnancy, which led to an initial report to state authorities, though the child remained in her care as he did not test positive for drugs. Several months later, the child was found unattended in a hotel room under the care of an adult suspected of being under the influence, prompting the Office of Children’s Services (OCS) to take emergency custody. The father, who was incarcerated at the time, was identified and participated in early proceedings by telephone. Following his release, he attempted to engage in the case plan and visited his son, but over the next two and a half years, OCS assigned five different caseworkers to the family. The father experienced periods of incarceration, lapses in contact, and personal challenges, but he also took parenting classes, sought substance abuse assessment, and maintained some visitation.The Superior Court for the Third Judicial District, Anchorage, adjudicated the child as being in need of aid and later terminated the father’s parental rights on grounds of abandonment and substance abuse. At trial, the court found that OCS had made active efforts to reunify the family, relying on the preparation of a case plan, some referrals for substance abuse testing, and attempts to contact the father, even though it recognized that OCS’s efforts were not perfect, especially during periods of the father’s incarceration.On appeal, the Supreme Court of the State of Alaska reviewed whether OCS’s actions satisfied ICWA’s requirement that “active efforts” be made to prevent the breakup of an Indian family. The court held that OCS’s efforts were passive rather than active because it failed to make necessary referrals, provide adequate support services, and consistently engage with the father. The Supreme Court of Alaska reversed the termination of parental rights and remanded for further proceedings. View "Jace B. v. State" on Justia Law

A child and her sister, both recognized as Indian children under the Indian Child Welfare Act (ICWA), were removed from their parents due to concerns about their welfare. After an unsuccessful initial foster placement, the Office of Children’s Services (OCS) placed the children with their mother’s cousin, Petra, in Seattle. Petra is a member of the children’s tribe. Upon arrival, the children had dental and nutritional issues. Although Petra arranged dental surgery for one child, she did not obtain follow-up care for the other child, Ax adée, whose dental problems persisted untreated during two years in Petra’s care. Petra also imposed dietary restrictions on Ax adée, resulting in significant stagnation in the child’s growth.After Petra requested that the other child be moved due to behavioral concerns, OCS placed both children with Chastity, a licensed therapeutic foster parent and tribal member in Alaska. Following this transfer, Ax adée received extensive dental treatment and began gaining weight after dietary restrictions were lifted. Petra challenged OCS’s decision in the Superior Court for the State of Alaska, First Judicial District, Ketchikan, arguing she was a suitable foster parent and that OCS had not justified the placement change.After a six-day evidentiary hearing, the superior court found that Petra had failed to address Ax adée’s dental and nutritional needs, leading to significant health concerns. The court concluded that Petra was not a suitable foster parent and upheld OCS’s decision to place the child in a lower-preference ICWA foster home.The Supreme Court of the State of Alaska reviewed the case and affirmed the superior court’s order. The main holding is that clear and convincing evidence supported the finding that Petra was not a suitable foster parent due to her failure to meet the child’s basic dental and nutritional needs, justifying placement in a lower-preference home under ICWA. View "Petra J. v. State of Alaska" on Justia Law

A father and mother came to the attention of child protective authorities in Montana due to ongoing methamphetamine use, domestic violence, and criminal behavior. In 2019, the Department of Public Health and Human Services removed their two young children from a home where multiple adults were abusing drugs. Both children were eligible for tribal enrollment and thus protected under the Indian Child Welfare Act (ICWA). Despite efforts, no suitable ICWA-compliant placement was found, so the children remained in licensed foster care. The father was frequently incarcerated or otherwise unavailable, and both parents struggled to comply with treatment plans designed to facilitate reunification. Over the course of more than five years, the father participated intermittently in services but repeatedly relapsed, became homeless, and was arrested for new criminal offenses.The Eighth Judicial District Court, Cascade County, adjudicated the children as youths in need of care, granted temporary legal custody to the Department, and repeatedly extended custody while reviewing the parents’ compliance with treatment plans. After failed attempts at reunification and kinship placement, and after considering the possibility of guardianship, the court terminated the mother’s parental rights (she did not appeal). The Department then petitioned to terminate the father’s rights, presenting evidence of the father's noncompliance and ongoing instability. Tribal representatives were given notice and opportunities to intervene and express their preference for guardianship over termination, but did not actively participate in the final hearing.The Supreme Court of the State of Montana affirmed the District Court’s decision to terminate the father’s parental rights. The Court held that the Department had made “active efforts” as required by ICWA, the father failed to complete his treatment plan and was unlikely to become fit within a reasonable time, and continued custody would likely result in serious harm to the children. The Court also held that the father lacked standing to assert claims based on tribal preference for guardianship, as those claims belonged to the tribes or children. View "In re S.A. and J.P." on Justia Law

A non-Indian woman and a member of the Prairie Island Mdewakanton Dakota Indian Community married in Minneapolis and resided with their children in Edina, Minnesota, outside the reservation. Their marriage was supported financially by the husband’s “per capita payments” from the Community, and the wife received tribal insurance benefits, but neither spouse lived or owned property on the reservation. After more than thirteen years, both spouses filed for divorce on the same day—he in the Community’s Tribal Court, she in Minnesota state court. The state court stayed proceedings in favor of the Tribal Court, and after a trial, the Tribal Court dissolved the marriage, divided assets, awarded joint custody, and set child support. It did not award the wife spousal maintenance because under Community law, per capita payments are not marital property. The Community’s Court of Appeals affirmed the Tribal Court’s order.The wife then filed suit in the United States District Court for the District of Minnesota, seeking a declaration that the Tribal Court lacked jurisdiction and an injunction against enforcement of the order. The district court granted summary judgment in favor of the husband, holding that the Tribal Court had subject matter jurisdiction over the divorce under the “consensual relationship exception” from Montana v. United States, based on the marriage and the wife’s connections to the Community.On appeal, the United States Court of Appeals for the Eighth Circuit reversed. The Eighth Circuit held that the Tribal Court lacked subject matter jurisdiction over a divorce between a tribal member and a nonmember spouse who resided outside the reservation, because the consensual relationship exception did not apply in these circumstances. The court concluded that neither the marriage nor the wife’s limited connections to the Community provided a sufficient nexus to tribal lands or property, nor was tribal jurisdiction necessary to protect self-government or internal relations. The case was remanded with instructions to enjoin enforcement of the Tribal Court’s divorce order. View "Tix v. Tix" on Justia Law

After the birth of a child who qualified as an Indian child under the Indian Child Welfare Act (ICWA), the Office of Children’s Services (OCS) in Alaska took emergency custody due to the mother’s substance use during pregnancy. Initially, no relatives were available for placement, so the child was placed with a non-relative foster parent. Nearly two and a half years later, the mother requested that the child be placed with his great-grandmother. OCS denied this request, citing unsafe conditions in the great-grandmother’s home, including excessive clutter that posed safety risks. The great-grandmother made some improvements but did not sufficiently address the concerns. OCS also expressed doubts about her judgment and ability to protect the child, referencing past incidents involving other family members.The Superior Court of the State of Alaska, Fourth Judicial District, held a placement review hearing after the great-grandmother requested judicial review of OCS’s denial. The court found by clear and convincing evidence that OCS did not abuse its discretion in denying the placement, determining that the great-grandmother’s home remained unsuitable and that her past actions raised concerns about her ability to prioritize the child’s needs. The court also concluded that OCS was not required to provide the great-grandmother with reasonable efforts to make her home suitable, as she was not the child’s parent or guardian.On appeal, the Supreme Court of the State of Alaska considered whether ICWA required OCS to demonstrate “active efforts” to assist the great-grandmother in overcoming obstacles to placement. The court held that ICWA’s active efforts requirement applies to preserving or reunifying the family unit with a parent or Indian custodian, not to extended family members seeking placement. Therefore, OCS was not required to provide active efforts to the great-grandmother in this context. The Supreme Court affirmed the superior court’s decision upholding OCS’s denial of placement. View "Betsy F. v. State" on Justia Law

A child, B.M., was born to Cheryl Melius and Lakota Songer, who were no longer in a relationship at the time of birth. Cheryl initially had sole custody and did not inform Lakota of the birth immediately. After B.M. was diagnosed with failure to thrive, Cheryl voluntarily placed the child with her brother, Miles, and his wife, Tori (the Meliuses), who were later granted guardianship. Lakota established paternity and sought custody, but the Meliuses initiated a third-party custody action, leading to a combined proceeding. During the litigation, the Meliuses were granted temporary custody, and Lakota was given stepped-up visitation. The Indian Child Welfare Act (ICWA) was found to apply after Lakota disclosed his tribal status.The Circuit Court of the Sixth Judicial Circuit, Gregory County, South Dakota, held a trial and found that while the Meliuses had a significant relationship with B.M., they failed to prove by clear and convincing evidence that extraordinary circumstances existed to rebut Lakota’s presumptive right to custody under SDCL 25-5-30. The court awarded Lakota sole custody but granted the Meliuses ongoing visitation and ordered Lakota to use a specific daycare provider. The court also assessed attorney fees against Lakota for his late disclosure of tribal status and for contempt related to violating court orders.On appeal, the Supreme Court of the State of South Dakota affirmed the lower court’s finding that the Meliuses did not establish extraordinary circumstances to overcome Lakota’s parental rights and affirmed the denial of non-parent custody. The Supreme Court reversed the award of permanent visitation to the Meliuses, holding that such visitation cannot be granted absent a finding of extraordinary circumstances rebutting the parent’s rights. The Court also reversed the attorney fees related to the tribal status delay, finding the lower court erred in assigning responsibility to Lakota. The issue regarding the daycare provider was deemed moot. The case was remanded to determine attorney fees solely attributable to contempt. View "Melius v. Songer" on Justia Law