ICWA Lawsuit In Pennington County Could Affect Other State Circuits

Late last week the U.S. Department of Justice filed in support of plaintiffs in federal court in Rapid City. Two tribes and Native parents charge that Pennington County and state officials hold brief, meaningless hearings 48 hours after children are removed from their homes. The plaintiffs claim that those hearings violate the Indian Child Welfare Act, or ICWA, as well as due process guaranteed by the Fourteenth Amendment. United States Attorney Brendan Johnson tells SDPB’s Victoria Wicks that DOJ often weighs in on cases with federal importance.