South Dakota judges ordered to explain stance in ICWA dispute

Friday, March 21, 2014  

A federal judge wants to know why some South Dakota state judges are refusing to turn over transcripts in Indian Child Welfare Act cases.

As part of a lawsuit filed by the Oglala Sioux Tribe and the Rosebud Sioux Tribe, the state agreed to provide the transcripts. The transcripts are needed to determine whether Indian parents and guardians are being afforded due process in ICWA hearings.

Five circuit judges, however, have refused to sign an order to release the information. So U.S. District Court Judge Jeffrey Viken ordered them to explain their stance by March 28.

The tribes will be able to respond by April 4, according to a court order.

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

Native Sun News: South Dakota judges balk at ICWA court order (3/20)