In the Matter of the WELFARE OF the Child of T.T.B. and G.W., Parents.
Supreme Court of Minnesota.https://leagle.com/images/logo.png
October 19, 2006.
Rehearing Denied December 13, 2006.
Attorney(s) appearing for the Case
Amy J. Klobuchar, Hennephin County Atty., Mary M. Lynch, Asst. Atty., Minneapolis, for appellant Hennepin Cty. H.S.P.H.D.
Jonathan G. Steinberg, Minneapolis, for appellant Guardian Ad Litem.
Thomas James Vollbrecht, Guy-Uriel E. Charles, Faeger & Benson, L.L.P., Minneapolis, for respondent Yanton Sioux Tribe.
Jacqueline Marie Beaulieu, Catherine LaRoque, Minneapolis, for respondent T.T.B.
Jonathan G. Steinberg, Chrastil and Steinberg, P.L.L.P., Minneapolis, fro respondent G.A.L.
Leonard Castro, Chief, Fourth Judicial Public Defender, Peter W. Gorman, Asst. Public Defender, Minneapolis, for respondent G.W.
Faegre & Benson, L.L.P., Minneapolis, for respondent Guy-Uriel E. Charles.
Janine LePage, Asst. County Atty, Brainerd, for amicus curiae Minnesota County Atty's Ass'n.
Mark D. Fiddler, Fiddler Law Office, Minneapolis, for amicus curiae Nat. Ass'n of Counsel for Children.
Marc C. Tilden, Native American Rights Fund, Boulder, CO, for amicus curiae Nat. Indian Child Welfare Ass'n.
Joseph F. Holloran, Jacobson, Buffalo, Schoessler & Magnuson, Ltd., St. Paul, for amici curiae Bois Forte Band of Chippewa, General Portage Band of Chippewa, White Earth Band of Chippewa, Upper Sioux Indian Community and Prairie Island Indian Community.
Heard, considered, and decided by the court en banc.
Supreme Court of Minnesota.
OPINION
ANDERSON, RUSSELL A., Chief Justice.
This appeal arises from a juvenile protection matter concerning custody of an Indian child. Under both the Indian Child Welfare Act, 25 U.S.C. §§ 1901-1963 (2000) (ICWA), and the Minnesota Indian Family Preservation Act, Minn.Stat. §§ 260.751-.835 (2004), proceedings involving custody of an Indian child who does not reside on and is not domiciled on the reservation must be transferred to the...
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