Tag Archives: due process

Eighth Circuit Dismisses Oglala Sioux v. Fleming Under Abstention Doctrine

Here. This is the long running (initiated before Adoptive Couple v. Baby Girl) case that is attempting to address the due process and ICWA violations against Native families in Pennington Co., South Dakota. Brought by Oglala Sioux, Rosebud Sioux and … Continue reading

Posted in Author: Kate E. Fort, ICWA | Tagged , , , , , , , , | 1 Comment

Eighth Circuit Oglala Sioux ICWA Case Oral Arguments

Here. News coverage here.

Posted in Author: Kate E. Fort, Child Welfare, ICWA | Tagged , , , , , ,

Remedies Brief Filed in Oglala Sioux Tribe v. Fleming (Van Hunnik)

After winning a partial summary judgment (twice, if you count the motions for reconsideration), the plaintiffs in the federal class action ICWA/Due Process lawsuit have filed their brief requesting remedies. Remedy Brief The four Defendants in this action are largely … Continue reading

Posted in Author: Kate E. Fort, Child Welfare, ICWA | Tagged , , , , | 1 Comment

Complaint in National Council for Adoption v. Jewell–Litigation Challenging the 2015 ICWA Guidelines

Here. Plaintiffs argue the 2015 Guidelines violate the APA, due process of birth parents and children, equal protection of birth parents and children, the 10th amendment, and manage a quick sideswipe at ICWA itself on page 38 (exceeds Congress’s authority under … Continue reading

Posted in Author: Kate E. Fort, Child Welfare, ICWA | Tagged , , , , , , , | 2 Comments

Response to Motions to Reconsider in Oglala Sioux v. Van Hunnik

Here. Motions to reconsider here.

Posted in Author: Kate E. Fort, Child Welfare, ICWA | Tagged , , , , | 1 Comment

Motions to Reconsider in Oglala Sioux Tribe v. Van Hunnik

Here: Davis Brief in Support (April 2015) Davis Motion to Reconsider (April 2015) DSS Brief in Support (April 2015) DSS Joinder in Arguments of other Defendants (April 2015) DSS Motion to Reconsider (April 2015) Vargo Brief in Support (April 2015) … Continue reading

Posted in Author: Matthew L.M. Fletcher, ICWA, Research | Tagged , , , , | 1 Comment

Stephen Pevar on the Oglala Sioux v. Van Hunnik Victory

Here. All of the cards were stacked against the parents in these proceedings and the parents lost 100 percent of the time. That’s right, you didn’t misread that. The state won 100 percent of the time, which isn’t surprising given … Continue reading

Posted in Author: Kate E. Fort, Child Welfare, ICWA | Tagged , , , , , ,

South Dakota Tribes Win Federal ICWA Case, Oglala Sioux v. Van Hunnik

The 45 page order granting partial summary judgment is HERE, with a judgment order granting injunctive and declaratory relief forthcoming in May. The court finds that Judge Davis, States Attorney Vargo, Secretary Valenti and Ms. Van Hunnick developed and implemented … Continue reading

Posted in Author: Kate E. Fort, Child Welfare, ICWA | Tagged , , , , | 8 Comments

Oglala Sioux Tribe v. Van Hunnik Briefing Complete

Here: Brief in Support of First Motion (July 2014) Statement of Undisputed Facts (First Motion) Due Process Motion (Second PSJ) Due Process Undisputed Facts Exhibit 1 (Hearing Transcripts) 502 pp Exhibit 2 (Custody Orders) 113 pp. Exhibit 7 (ICWA Affidavits) … Continue reading

Posted in Author: Matthew L.M. Fletcher, ICWA, Research | Tagged , , , , , , , | 4 Comments

State Judges Respond to Oglala Sioux Tribe Motions for Summary Judgment

Here are the new materials in Oglala Sioux Tribe v. Van Hunnik (D.S.D.): 128 Defendants Response to 1922 Motion 129 Defendants Response to Due Process Motion The motions for summary judgment are here. The evidentiary exhibits are here. The DOJ … Continue reading

Posted in Author: Matthew L.M. Fletcher, ICWA, Research | Tagged , , , , , , ,