Legal Opinion

In The Interest Of A.w. And S.w., Minor Children, Woodbury County Attorney And A.w. And S.w., Minor Children Vs. Iowa

Supreme Court of Iowa

Decided November 30, 2007No. 60 / 06-1074PublishedCited by 36 opinions

1Opinion of the Court

HECHT, Justice.

The juvenile court concluded A.W. and S.W. are “Indian children” as defined in the Iowa Indian Child Welfare Act, Iowa Code chapter 232B (2005) (Iowa ICWA), and granted the Winnebago Tribe of Nebraska’s petition to intervene in a child-in-need-of-assistance (CINA) proceeding. On appeal, the county attorney and the guardian ad litem for the children whose interests are at issue in this case challenge the Winnebago Tribe’s status as the “Indian child’s tribe” and the constitutionality of the Iowa ICWA. We grant the Iowa Attorney General’s motion to dismiss the county attorney’s…

2Cases cited36 opinions

  1. Morton v. MancariSupreme Court of the United States · 1974
  2. Mississippi Band of Choctaw Indians v. HolyfieldSupreme Court of the United States · 1989
  3. McClanahan v. Arizona State Tax CommissionSupreme Court of the United States · 1973
  4. United States v. KagamaSupreme Court of the United States · 1886
  5. Grutter v. BollingerSupreme Court of the United States · 2003

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3Cited by36 opinions

  1. Vania Minor, Individually and as Mother, Natural Guardian and Next Best Friend of D.A. v. State of Iowa, Becky Grabe, Individually and Cleo Hester, IndividuallySupreme Court of Iowa · 2012
  2. Board of Water Works Trustees of the City of Des Moines, Iowa v. Sac County Board of Supervisors, as Trustee of Drainage Districts 32, 42, 65, 79, 81, 83, 86, and Calhoun County Board of Supervisors and Sac County Board of Supervisors as Joint Trustees of Drainage Districts 2 and 51 and Buena Vista County Board of Supervisors and Sac County Board of Supervisors as Joint Trustees of Drainage Districts 19Supreme Court of Iowa · 2017
  3. Reilly v. Iowa District Court for Henry CountySupreme Court of Iowa · 2010
  4. In the Matter of the Guardianship and Conservatorship of Stuart Kennedy (Involuntary) Stuart Kennedy v. Maria KennedySupreme Court of Iowa · 2014
  5. Dykstra v. Iowa District Court for Jones CountySupreme Court of Iowa · 2010

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