DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
181723P.pdf 07/16/2019 Kimberly Watso v. Tony Lourey
U.S. Court of Appeals Case No: 18-1723
U.S. District Court for the District of Minnesota - Minneapolis
[PUBLISHED] [Benton, Author, with Gruender and Grasz, Circuit Judges]
Civil case. In action alleging defendants violated plaintiffs' rights when
they transferred plaintiffs' children to tribal court custody after
allegations of child abuse and neglect, the transfer from a state agency
to the tribal court did not violate the Indian Child Welfare Act because
the provisions of the Act apply to transfer from a state court proceeding
and not transfer from a state agency; Minnesota law does not require a
hearing before custody could be transferred to tribal court; plaintiffs
had notice of the tribal court proceedings, as well as an opportunity to
be heard, and the absence of a intervening state court proceeding did not
create a due process violation.