US appeals court overturns South Dakota ICWA child removal ruling

Elijah Bearsheart, left, with his daughter, Keanala, 1, and family, Kehala Diserly, Kiari Diserly, 3, and Yamni Pederson, 5, as they listen to testimony during the Indian Child Welfare Act summit in 2013 at the Best Western Ramkota Hotel in Rapid City. The summit was called in response to charges that South Dakota breaks the Indian Child Welfare Act

Dana Hanna, a lawyer for the Oglala and Rosebud Sioux tribes, which are working on behalf of the parents, said she plans to ask the federal appeals court to rehear the case.
If that fails, an appeal to the U.S. Supreme Court is possible. "We are convinced, we strongly believe that the panel's decision was wrong," she said.
State Department of Social Services Secretary Lynne Valenti said she's happy with the ruling. "DSS has maintained from the beginning the (federal) district court should have abstained from exercising jurisdiction in this case, and we are pleased that our position prevailed at the Eighth Circuit," she said in a press release.
READ: US appeals court overturns South Dakota child removal ruling | The Daily Republic

Background story:
RAPID CITY -- Between choked sobs and streaming tears, more than a dozen Native American families delivered testimony in 2013 in Rapid City about how their children were taken from them by South Dakota social workers. Those stories from parents -- specifically details about the difficulty in regaining custody of Native children placed in non-Native foster homes -- filled the first day of the Great Plains Indian Child Welfare Act Summit in Rapid City.
Source: American Indians trade tales of displaced children | The Daily Republic

South Dakota's Federal #ICWA Ruling Heads To 8th Circuit Court of Appeals

The Indian Child Welfare Act lawsuit filed in Rapid City's federal court almost five years ago is going to the Eighth Circuit Court of Appeals. A three-judge panel is hearing oral arguments in St. Paul, Minn., on Tuesday, Feb. 12.

In March 2013, the Rosebud and Oglala Sioux Tribes, as well as tribal parents, brought suit against state officials in Pennington County. They claim the process for handling abuse and neglect cases routinely violates ICWA and due process rights.

After two years of litigation, U.S. District Judge Jeffrey Viken found for the plaintiffs and ordered changes in the way emergency placements are handled. Immediate appeals were filed by the Seventh Circuit presiding judge, the Pennington County State's Attorney, and the state Department of Social Services. SDPB's Victoria Wicks has this story.


LISTEN AT LINK: South Dakota's Federal ICWA Ruling Heads To 8th Circuit Court of Appeals | SDPB Radio