Adoption of C.D.
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| 20070171 |
In the Matter of the Adoption
of C.D.
K.D., Petitioner and Appellant
v.
M.L., Respondent and Appellee
and
Oglala Sioux Tribe, Intervenor and Appellee
|
| Appeal from: |
District Court,
South Central Judicial District,
Burleigh County
Judge Sonna M. Anderson |
|
Nature of Action: |
Adoption
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| Counsel: |
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| Term: |
12/2007 Argument: 12/18/2007 09:30am
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| ND cite: |
2008 ND 128
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| NW cite: |
751 N.W.2d 236
Listen to recording of oral argument
using RealPlayer Basic,© a free download.
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| Issues: |
Appellant's Statement of the Issues:
I. Whether the District Court erred in dismissing petition for termination of parental rights when it concluded C.D. was an "Indian Child" under the provisions of the Indian Child Welfare Act and applied the standards in the Indian Child Welfare Act
to the Petition for Termination of Parental Rights.
Appellee's Statement of the Issues:
I. The District Court was not clearly erroneous when it found K.D. failed to prove the necessary elements to support the termination of a Native American mother's parent-child relationship in the context of a stepparent adoption proceeding.
Oglala Sioux Tribe Issues
I. Whether the District Court clearly erred when it held that C.D., the grandchild of a full-blooded member of the Oglala Sioux Tribe who was determined by the Oglala Sioux Tribe to be eligible for membership in its Tribe, was an Indian child under
the Indian Child Welfare Act, 25 U.S.C. 1901-1963 (2006).
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| 1 | | 06/15/2007 | |
NOTICE OF APPEAL: 06/13/2007 |
| 2 | | 06/15/2007 | |
ORDER FOR TRANSCRIPT: 06/13/2007 |
| 3 | | 06/15/2007 | |
--------CONFIDENTIAL---------- |
| 4 | | 07/12/2007 | |
RETENTION OF RECORD ON APPEAL: 08/02/2007 |
| 5 | | 07/26/2007 | |
TRANSCRIPT DATED January 4, 2005, and March 20, 2007 |
| 6 | | 07/30/2007 | |
Certificate of Service of Copies of Transcript |
| 7 | | 07/30/2007 | |
DISK - transcripts dated January 4, 2005 and March 20, 2007 |
| 8 | | 08/31/2007 | |
RECORD ON APPEAL (not rec'd were entry nos. 30,37,57, & 64 - court reporter notes) |
| 9 | | 08/31/2007 | |
APPELLANT BRIEF |
| 10 | | 08/31/2007 | |
APPELLANT APPENDIX |
| 11 | | 09/04/2007 | |
DISK of ATB |
| 12 | | 09/04/2007 | |
Replacement Appendix |
| 13 | | 09/28/2007 | |
APPELLEE BRIEF (M.L.) |
| 14 | | 09/28/2007 | |
APPELLEE APPENDIX (M.L.) |
| 15 | | 09/28/2007 | |
DISK - AEB (M.L.) |
| 16 | | 09/28/2007 | |
APPELLEE BRIEF (Oglala Sioux Tribe) |
| 17 | | 09/28/2007 | |
Addendum to Appellee Brief of Oglala Sioux Tribe |
| 18 | | 09/28/2007 | |
DISK -- AEB (Oglala Sioux Tribe) |
| 19 | | 10/01/2007 | |
Notice of Appearance of B.J. Jones for Oglala Sioux Tribe and Certificate of Service of AEB |
| 20 | | 12/18/2007 | |
APPEARANCES: Paul R. Sanderson; B.J. Jones; Bradley D. Peterson |
| 21 | | 12/18/2007 | |
ARGUED: Sanderson; Jones |
| 22 | | 12/18/2007 | |
ORAL ARGUMENT WEBCAST |
| 23 | | 06/26/2008 | |
DISPOSITION: REVERSED AND REMANDED |
| 24 | | 06/26/2008 | |
SPLIT OPINION: VandeWalle, Gerald W. |
| 25 | | 06/26/2008 | |
(CONCUR): Sandstrom, Dale V.: CONCUR |
| 26 | | 06/26/2008 | |
Costs on appeal taxed in favor of appellee |
| 27 | | 06/30/2008 | |
Judgment e-mailed to Parties |
| 28 | | 07/18/2008 | |
MANDATE |
| 29 | | 07/28/2008 | |
RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE |
| 30 | | 07/29/2008 | |
Corrected Opinion Page 7 |