IN RE J.L.

No. 09-0945.

779 N.W.2d 481 (2009)

In the Interest of J.L., L.R., and S.G., Minor Children, J.L., L.R., and S.G., Minor Children, Appellants.

Court of Appeals of Iowa.

November 25, 2009.


Attorney(s) appearing for the Case

Amanda Van Wyhe of Vriezelaar, Tigges, Edgington, Bottaro, Boden, & Ross, L.L.P., Sioux City, guardian ad litem and attorney for minor children.

Timothy Scherle of Scherle Law Firm, Sioux City, for appellee father of J.L.

Brian Buckmeier of Buckmeier & Daane Law Firm, Sioux City, for appellee father of S.G.

Thomas J. Miller, Attorney General, Bruce Kempkes, Assistant Attorney General, Patrick Jennings, County Attorney, and Dewey Sloan, Assistant County Attorney, for appellee State.

Rosyland Koob of Heidman Law Firm, Sioux City, for intervenor Winnebago Tribe of Nebraska.

Considered by VOGEL, P.J., and VAITHESWARAN and POTTERFIELD, JJ.


VOGEL, P.J.

J.L., L.R., and S.G. appeal from the district court's ruling that they, through their attorney/guardian ad litem, could not object to the transfer of jurisdiction to a tribal court pursuant to Iowa Code section 232B.5 (2009). Because we find section 232B.5 violates the children's due process rights under the United States and Iowa Constitutions, we reverse and remand for further proceedings.

I. Background Facts and Proceedings.

Since...

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