Adoption of C.D.
- In the Matter of the Adoption
K.D., Petitioner and Appellant
M.L., Respondent and Appellee
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
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.
(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|
|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)|
|11||09/04/2007||DISK of ATB|
|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|
|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|
|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|