An Indian Child Welfare Act lawsuit against the state of South Dakota will proceed in federal court.

The Oglala Sioux Tribe, the Rosebud Sioux Tribe and three Indian parents filed the suit last year. They are accusing the state of violating ICWA by removing Indian children from their homes without due process to their families or to tribes.

The state filed a motion to dismiss but Judge Jeffrey L. Viken denied the request and said potential violations of ICWA should be heard. He also said the suit can be certified as a class action to represent other Indian parents.

"We are thrilled that the court has recognized the importance of these issues to Indian parents and Indian tribes," Heather Smith, the executive director of the ACLU of South Dakota, said in a press release.

Turtle Talk has posted recent documents in the case, Oglala Sioux Tribe v. Van Hunnik.

Get the Story:
Judge: SD Indian child welfare case can proceed (AP 1/29)

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