Legal Opinion

In Re the Guardianship of J.C.D.

South Dakota Supreme Court

Decided August 25, 2004No. NonePublishedCited by 9 opinions

1Opinion of the Court

KONENKAMP, Justice.

[¶ 1.] In this guardianship action, the mother timely moved to transfer jurisdiction to tribal court. All parties stipulated that the matter was controlled by the Indian Child Welfare Act (ICWA). On considering the motion, the trial court ruled that good cause existed to deny the transfer because witnesses and parties would be unduly burdened if the motion was granted and because the best interests of the child were best served by denying the request. Because these reasons were inadequate to override the mandates of ICWA, we reverse.

Background

[¶ 2.] J.C.D. was born on…

2Cases cited6 opinions

  1. In the Interest of J.R.H.Supreme Court of Iowa · 1984
  2. People in Interest of JJSouth Dakota Supreme Court · 1990
  3. In Re SBRCourt of Appeals of Washington · 1986
  4. In re A.P.Court of Appeals of Kansas · 1998
  5. In Interest of J.L.South Dakota Supreme Court · 2002

1 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. Haaland v. BrackeenSupreme Court of the United States · 2023
  2. Haaland v. BrackeenSupreme Court of the United States · 2023
  3. Brackeen v. HaalandCourt of Appeals for the Fifth Circuit · 2021
  4. San Diego County Health & Human Services Agency v. J.C.California Court of Appeal · 2011
  5. In re Children of Shirley T.Supreme Judicial Court of Maine · 2019

4 more not listed; retrieve them via the Exa API.

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