Document Type

Article

Publication Date

7-7-1995

Abstract

  • In the Blackfeet Tribal Court of Appeals, the Court considered whether: 

  • A case is appealable; 

  • What constitutes proper service; 

  • A pleading is sufficient to warrant removal and immediate hearing; 

  • The evidence is sufficient to substantiate separation of children; and 

  • Necessity of written opinion in explanation 

  • The Court determined that: 

  • When due process and the rights of minor children are in jeopardy of being violated, the Court will intervene and accept the appeal; 

  • The Blackfeet Law and order Code, Ch. 9, Rule 12, Sec. D-1 specifies that service of process shall be made valid upon an individual sixteen years of age or older, if delivering a copy of the summons or notice to them personally, or by leaving a copy where they live with an adult living there. 

  • The underlying petition did not allege any type of endangerment sufficient to warrant removal from the home or an immediate hearing. 

  • There are no facts or evidence to substantiate separation of the children. There needs to be a guardian ad litem or other person present at the hearing to act in behalf of the best interests of the children 

  • Courts should have a written opinion to substantiate their reasons behind their decisions.  

  • The children are returned to their natural parents and a guardian ad litem shall be appointed to represent the best interests of the children. 

Download

Share

COinS