In re the Welfare of R.S.
805 N.W.2d 44
Minn.2011Background
- Parental rights to the sixth child of R.S. and L.S. were involuntarily terminated; L.S. is an enrolled member of the White Earth Band of Ojibwe, but the record shows R.S. as Caucasian and no residence on the White Earth reservation.
- Band noticed the ICWA petition and intervened, seeking transfer of the preadoptive placement to tribal court; district court granted transfer despite objections.
- Guardian ad litem represented the child and appealed the transfer ruling; appellate court affirmed on grounds not focused on the statute’s text.
- District court relied on 25 U.S.C. § 1911(b) to permit transfer and cited a 2007 Tribal/State Agreement as supporting concurrent jurisdiction.
- This Court holds ICWA does not authorize transfer of preadoptive or adoptive placement proceedings for nondomiciliary Indian children, and remands for reinstatement of preadoptive proceedings in state court.
- The child’s parents did not reside or domicile on the reservation, and the tribal court lacked inherent jurisdiction absent congressional grant.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether ICWA §1911(b) authorizes transfer of preadoptive placement proceedings | Band argues §1911(b) contemplates transfer only for foster care and TPR | Guardian ad litem/State contends transfer may be permitted under §1911(b) | No; §1911(b) does not authorize transfer of preadoptive proceedings. |
| Whether ICWA allows tribal jurisdiction concurrent with state court for nondomiciliary children | Band asserts concurrent tribal jurisdiction exists | State court jurisdiction limited; no transfer unless authorized | ICWA does not grant transfer for nondomiciliary preadoptive proceedings. |
| Whether the 2007 Tribal/State Agreement or Minn. Stat. § 260.771 authorizes transfer | Band relies on agreement to permit transfer | Agreement does not expand ICWA’s limited transfer provision | Both the 2007 Agreement and §260.771 do not authorize transfer of preadoptive proceedings. |
| Whether Rule 48.01 transfer provision is substantive or procedural for this context | Rule 48.01 governs transfer of juvenile matters | Rule 48.01 applies as procedural authority | Rule 48.01 transfer is substantive for preadoptive/adoptive matters and not applicable here without statutory authorization. |
| Remand direction if transfer is improper | Remand to reinstate state court preadoptive proceedings | Remand to reinstate preadoptive proceedings with guardian ad litem reappointed. |
Key Cases Cited
- Holyfield, Mississippi Band of Choctaw Indians v. Holyfield, 490 U.S. 30 (1989) (ICWA preemption and tribal jurisdiction over custody matters; nondomiciliary children)
- Montana v. United States, 450 U.S. 544 (1981) (tribal power on non-tribal land; inherent jurisdiction)
- In re Welfare of the Child of T.T.B. & G.W., 724 N.W.2d 300 (Minn. 2006) (concurrent but presumptively tribal jurisdiction for nondomiciliary child)
- In re M.S. & K.S., 237 P.3d 161 (Okla. 2010) (upholding transfer of nondomiciliary preadoptive proceedings to tribal court)
- In re A.P., 289 Mont. 521, 962 P.2d 1186 (Mont. 1998) (interpretation of §1911(b) boundaries)
- In re J.R.S., 690 P.2d 10 (Alaska, 1984) (ICWA intervention rights context (non-binding for this state))