Facebook Twitter Email
WEDNESDAY, JULY 11, 2001

An appeals court in Wisconsin on Tuesday ruled that the Three Affiliated Tribes of North Dakota were not properly consulted in a child custody case involving three young tribal members.

The court said the rights of the tribes under the Indian Child Welfare Act (ICWA) of 1978 were ignored. The tribe had originally requested jurisdiction over the children but withdrew after being given assurances a county court would consider their rights.

Subsequently, however, the county court did not transfer jurisdiction to the tribes even after the mother -- who is currently in prison -- requested it. The father is a tribal member.

As a result, the tribes must be given the option of accepting the case. A judge must further consider whether transferring the case is appropriate.

The Three Affiliated Tribes are located on the Fort Berthold Reservation. The reservation is home to the Mandan, Hidatsa, and Arikara Nation.

Get the Case:
Brown County v. Marcella G (Nos. 01-0956, 01-0957, 01-0958, 01-0959 7/10)

Get the Story:
Appeals court revives mother's battle to maintain legal rights to three children (AP 7/10)

Relevant Links:
Mandan, Hidatsa, and Arikara Nation - http://www.mhanation.com