ACLU claims victory for Native families

RAPID CITY, S.D. – According to a release from the American Civil Liberties Union, there has been a victory for Native American families. A federal court ordered South Dakota officials to stop violating the rights of Indian parents and tribes in state child custody proceedings on several grounds, it states.

“The ruling stems from a lawsuit brought by the American Civil Liberties Union and Rapid City attorney Dana Hanna on behalf of two South Dakota Indian tribes – the Oglala Sioux Tribe and the Rosebud Sioux Tribe – and Indian parents who suffered the loss of their children at the hands of the state,” the release states. “The lawsuit in part charges that Indian children are being removed from their homes in hearings that lasted as little as 60 seconds, and that parents have no chance to present evidence.”

In a ruling issued March 30, Chief Judge Jeffrey L. Viken states “Indian children, parents and tribes deserve better.”

The judge ordered the state to provide parents with adequate notice prior to emergency removal hearings, allow parents to testify at those hearings and present evidence, appoint attorneys to assist parents in these removal proceedings, allow parents to cross-examine the state’s witnesses in the hearings and require state courts to base their decisions on evidence presented during these hearings.

It was also determined that the Indian Child Welfare Act was violated by the state.

“These reckless practices have led to enormous suffering by Indian children and their parents, and the unnecessary breakup of Indian families. This important ruling should help keep this from happening in the future,” Stephen Pevar, an attorney with the ACLU’s Racial Justice Program, said. “We are very grateful that Judge Viken is putting an end to years of violations of basic rights.”



To view the ruling visit https://www.aclu.org/racial-justice/oglala-sioux-tribe-v-van-hunnik-summary-judgment. For more information visit https://www.aclu.org/racial-justice/oglala-sioux-tribe-v-van-hunnik.