Supreme Court Nixes Transfer of Child Abuse Case to Tribe
PIERRE, S.D. (AP) — The South Dakota Supreme Court has ruled a judge erred when he transferred a child abuse and neglect case from state court to tribal court.
The high court says the judge should have considered testimony from the child's doctor in making the transfer. The case dates to September 2016 when the newborn was removed from the mother's care after both tested positive for methamphetamine.
The Rapid City Journal says state social services notified the mother's Oglala Sioux Tribe, as required by law. The mother eventually was reunited with her baby, but the child was later placed in foster care when she violated terms of a court order.
In November 2017, a 7th Circuit judge transferred to case to tribal court at the request of the Oglala Sioux without hearing from the child's pediatrician.
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