Legal Opinion

In Re the Welfare of the Children of R.A.J.

Court of Appeals of Minnesota

Decided July 21, 2009No. A09-0140PublishedCited by 1 opinion

1Opinion of the Court

OPINION

KALITOWSKI, Judge.

Appellant Leech Lake Band of Ojibwe (the band) challenges the district court’s jurisdiction to vacate an order transferring a child-welfare proceeding from the district court to the Leech Lake Tribal Court (the tribal court), after the district court determined that the transfer was procured through misrepresentations. The band argues that under the Indian Child Welfare Act (ICWA), principles of tribal sovereignty, and foreign caselaw, the district court was without jurisdiction to vacate its transfer order.

FACTS

This case began in August 2007 when an investigator for…

2Cases cited13 opinions

  1. Mississippi Band of Choctaw Indians v. HolyfieldSupreme Court of the United States · 1989
  2. National Farmers Union Insurance v. Crow Tribe of IndiansSupreme Court of the United States · 1985
  3. California v. Cabazon Band of Mission IndiansSupreme Court of the United States · 1987
  4. Greene v. Commissioner of the Minnesota Department of Human ServicesSupreme Court of Minnesota · 2008
  5. Halloran v. BLUE AND WHITE LIBERTY CAB CO. INC.Supreme Court of Minnesota · 1958

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3Cited by1 opinion

  1. Rosalind M. v. State of Alaska, Department of Family & Community Services, Office of Children's Services and Ingrid A. (Mother) and Togiak Traditional CouncilAlaska Supreme Court · 2024

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