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Adoption of C.D.

Docket No. 20070171
Oral Argument: Tuesday, December 18, 2007 9:30am

Docket Info

Title
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
Case Type
CIVIL APPEAL : ADOPTION
Appeal From
Case No. 04-R-00214
South Central Judicial District, Burleigh County
Sonna M. Anderson
2008 ND 128751 N.W.2d 236
Oral Argument 12/18/2007

Highlight

An Indian tribe's determinations of its own membership and eligibility for membership are binding and conclusive in a proceeding under the Indian Child Welfare Act ("ICWA").
The burden of proof is upon the party asserting ICWA's applicability to present evidence that the child is an "Indian child" as defined in 25 U.S.C. section 1903(4).
Allegations in pleadings, motions, or briefs are not evidence.
For purposes of applying ICWA, membership in a tribe is not synonymous with enrollment as a member of a tribe, and a party may be a member of a tribe without being enrolled in the tribe.
ICWA applies only to tribal Indians, and does not extend to ethnic Indians who are not eligible for membership in a federally recognized Indian tribe.

Briefs

Filing Date Description
08/31/2007 APPELLANT BRIEF View
09/28/2007 APPELLEE BRIEF (M.L.) View
09/28/2007 APPELLEE BRIEF (Oglala Sioux Tribe) View

Counsel

Party Type Name
APPELLEE COURT APPOINTED Bradley D Peterson - 04902
APPELLEE PRIVATE PRACTICE B J Jones - 04761

(Note: Attachments may not be available for recently filed cases and/or confidential documents.)

Seq. # Filing Date Description Attachment
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 View
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.) View
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) View
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
24 06/26/2008 SPLIT OPINION : VandeWalle, Gerald W. View
25 06/26/2008 (CONCUR) : Sandstrom, Dale V.
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
31 11/16/2017 EXPUNGED - Nonpermanent record items destroyed