Harris v. Young

ISSUE I

I concur.

ISSUE II

I specially concur. Essentially, an Indian tribe is not a state within the meaning of the Uniform Child Custody Jurisdiction Act (UCCJA). As held by the case of Malaterre v. Malaterre, 293 N.W.2d 139, 144 (N.D.1980), the UCCJA pertains to situations where there are jurisdictional disputes with sister states. Here, the child and mother live within South Dakota but reside on the Cheyenne Indian Reservation and therefore come within the purview of the federal Act of August 15,1953, 67 Stat. 558, now codified at 18 U.S.C. § 1162. South Dakota has never effectively assumed…