Oklahoma Court of Appeals Case Granting Transfer to Tribal Court

Here. And the OK Supreme Court agreed to publish the decision. 

This case involved a guardianship:

ICWA defines “foster care placement” as “‘any action removing an Indian child from its parent or Indian custodian for temporary placement in a foster home or institution or the home of a guardian or conservator where the parent or Indian custodian cannot have the child returned upon demand, but where parental rights have not been terminated.'”25 U.S.C. 1903(1)(i). This guardianship case is governed by this definition of foster care placement because Mother cannot have her children returned on demand as shown by the fact that she requested that the guardianship be terminated and her request was denied.

The case also discusses the requirement of clear and convincing evidence to deny transfer. The trial court denied transfer stating it was the advanced stage of the proceedings–which it was because Cherokee Nation didn’t receive notice, and the delay was beyond the Nation’s control.

This is only the 16th time an appellate court reversed the lower court and ordered transfer. This is one of two from this year.

This entry was posted in Author: Kate E. Fort, Child Welfare, ICWA and tagged , , , , , , . Bookmark the permalink.

One Response to Oklahoma Court of Appeals Case Granting Transfer to Tribal Court

  1. Pingback: 2016 ICWA Appellate Cases by the Numbers | Turtle Talk

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