Red Lake Nation News - Babaamaajimowinan (Telling of news in different places)

Bittersweet ruling strikes down ICWA


October 1, 2018

PIERRE – On Sept. 14, the United States Court of Appeals for the Eighth Circuit vacated a lower court ruling that challenged the constitutionality of 48 hour hearings, some lasting as little as 60 seconds, that took Indian children from their families and placed them in custody of the South Dakota Department of Social Services.

The 2013 class action lawsuit, filed in Federal Court by the American Civil Liberties Union (ACLU) on behalf of the Oglala and Rosebud Sioux Tribes, alleged that state judges and state social workers removed Indian children from their homes in violation of their constitutional and Indian Child Welfare Act rights.


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