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IN RE WELFARE OF R.S.

No. A10-1390.

805 N.W.2d 44 (2011)

In the Matter of the WELFARE OF the Child of R.S. and L.S., Parents.

Supreme Court of Minnesota.

October 26, 2011.

Attorney(s) appearing for the Case

Mark D. Fiddler , Fiddler Law Office, P.A., Minneapolis, MN, for appellant guardian ad litem.

Brett A. Corson , Fillmore County Attorney, Lee Novotny , Assistant Fillmore County Attorney, Preston, MN, for respondent Fillmore County.

Marc A. Al , Stoel Rives LLP, Minneapolis, MN; and Rebecca J. McConkey , White Earth Band of Ojibwe, White Earth, MN; and Heidi A. Drobnick , Swanson, Drobnick & Tousey, P.C., Woodbury, MN, for respondent White Earth Band of Ojibwe.

Lori Swanson , Attorney General, Cynthia B. Jahnke , Assistant Attorney General, St. Paul, MN, for amicus curiae Commissioner of the Minnesota Department of Human Services.

Bruce Jones , Jennifer Dukart , Faegre & Benson, LLP; and Shannon Smith , Minneapolis, MN, for amicus curiae ICWA Law Center.

Matthew L.M. Fletcher , Kathryn E. Fort , East Lansing, Michigan, Heidi Bogda , Cass Lake, MN, Barbara Cole , Onamia, MN, for amici curiae Indigenous Law and Policy Center, Leech Lake Band of Ojibwe, and Mille Lacs Band of Ojibwe.

Kurt V. BlueDog , Jessica L.K. Ryan , BlueDog, Paulson & Small, P.L.L.P., Minneapolis, MN, for amici curiae Shakopee Mdewakanton Sioux Community, Grand Portage Band of Chippewa, Upper Sioux Community, Lower Sioux Indian Community, and Prairie Island Indian Community.

OPINION

MEYER, Justice.

After parental rights to an Indian child living in Fillmore County were involuntarily terminated, the White Earth Band of Ojibwe (the Band) petitioned for transfer of the ensuing preadoptive placement proceedings to its tribal court. The district court granted the Band's motion and the court of appeals affirmed. Because we conclude that transfer of preadoptive proceedings to tribal court is not authorized by federal or state law,...

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