No. 19-550

Kimberly Watso, et al. v. Jodi Harpstead, Commissioner, Minnesota Department of Human Services, et al.

Lower Court: Eighth Circuit
Docketed: 2019-10-28
Status: Denied
Type: Paid
Response RequestedResponse WaivedRelisted (2) Experienced Counsel
Tags: administrative-law administrative-procedure chevron-deference child-services civil-rights federal-preemption indian-child-welfare-act parental-custody state-agency-rules tribal-jurisdiction tribal-rights
Key Terms:
AdministrativeLaw DueProcess
Latest Conference: 2020-02-28 (distributed 2 times)
Question Presented (AI Summary)

Whether the lower court improperly deferred to the Indian Child Services Department Manual over state agency rules and interpretations of the Indian Child Welfare Act?

Question Presented (OCR Extract)

QUESTIONS PRESENTED FOR REVIEW Whether the lower court improperly deferred to the Indian Child Services Department Manual over state agency rules and interpretations of the Indian Child Welfare Act? Whether the Indian Child Services Division has jurisdiction over Indian kids when the mother is not Indian and does not reside on the reservation? Whether the Red Lake Band of Chippewa Indians tribe or the Shakopee Mdewakanton Sioux tribe have the right to terminate parental custody?

Docket Entries

2020-03-02
Petition DENIED.
2020-02-12
DISTRIBUTED for Conference of 2/28/2020.
2020-01-27
Brief of respondent Judge John E. Jacobson; Tribal Court of the Shakopee Mdewakanton Sioux Community in opposition filed.
2019-12-13
Motion to extend the time to file a response is granted and the time is extended to and including January 27, 2020, for all respondents.
2019-12-10
Motion to extend the time to file a response from December 27, 2019 to January 27, 2020, submitted to The Clerk.
2019-11-27
Response Requested. (Due December 27, 2019)
2019-11-20
DISTRIBUTED for Conference of 12/6/2019.
2019-11-06
Waiver of right of respondents Judge Mary Ringhand, in her official and the Tribal Court of the Red Lake Band of Chippewa Indians to respond filed.
2019-11-01
Waiver of right of respondent Scott County to respond filed.
2019-10-30
Waiver of right of respondent Jodi Harpstead, in her official capacity as Commissioner of the Minnesota Department of Human Services to respond filed.
2019-10-30
Waiver of right of respondent Judge John E. Jacobson; Tribal Court of the Shakopee Mdewakanton Sioux Community to respond filed.
2019-10-11
Petition for a writ of certiorari filed. (Response due November 27, 2019)

Attorneys

Jodi Harpstead, in her official capacity as Commissioner of the Minnesota Department of Human Services
Aaron E. WinterOffice of the Minnesota Attorney General, Respondent
Aaron E. WinterOffice of the Minnesota Attorney General, Respondent
Judge John E. Jacobson; Tribal Court of the Shakopee Mdewakanton Sioux Community
Richard Alan DuncanFaegre Drinker Biddle & Reath LLP, Respondent
Richard Alan DuncanFaegre Drinker Biddle & Reath LLP, Respondent
Judge Mary Ringhand, in her official and the Tribal Court of the Red Lake Band of Chippewa Indians
Joseph PlumerPlumer Law Office, Respondent
Joseph PlumerPlumer Law Office, Respondent
Kimberly Watso, et al.
Robert L. Sirianni Jr.Brownstone, P.A., Petitioner
Robert L. Sirianni Jr.Brownstone, P.A., Petitioner
Scott County
James R. AndreenErstad & Riemer, P.A., Respondent
James R. AndreenErstad & Riemer, P.A., Respondent