Heart v. Ellenbecker

MEMORANDUM OPINION

DONALD J. PORTER, Chief Judge. Dear Counsel:

A motion for summary judgment was filed in this action by the plaintiffs raising the question of first impression of whether South Dakota’s policy of categorically denying Indians benefits under the Aid to Families with Dependent Children (AFDC) program because a stepparent resides in the home violates the Social Security Act. Because there is no “State law of general applicability” which requires Indian stepparents to support stepchildren, the State of South Dakota may not apply its stepparent responsibility law to Indians in…