No. 21-1471
Denise Halvorson, et vir v. Hennepin County Children’s Services Department, et al.
Amici (2)Response RequestedResponse WaivedRelisted (3)
Tags: consent-requirement due-process federal-indian-law foster-care indian-child-welfare-act jurisdictional-transfer nonmember nonmember-party state-court tribal-jurisdiction
Key Terms:
DueProcess Privacy JusticiabilityDoctri
DueProcess Privacy JusticiabilityDoctri
Latest Conference:
2023-06-22
(distributed 3 times)
Question Presented (AI Summary)
Whether a state court can order the transfer of a foster care proceeding to tribal court when it forces a nonmember party residing outside the reservation to the tribal court's jurisdiction without consent
Question Presented (OCR Extract)
QUESTION PRESENTED The question presented is: 1. Whether it is an error of law for a state court to order the transfer of a foster care proceeding to tribal court when the transfer forces a nonmember party residing outside the reservation to the jurisdiction of the tribal court without that party’s consent?
Docket Entries
2023-06-26
Motion for leave to file amicus brief filed by Goldwater Institute GRANTED.
2023-06-26
Petition DENIED.
2023-06-20
DISTRIBUTED for Conference of 6/22/2023.
2022-09-28
DISTRIBUTED for Conference of 10/14/2022.
2022-09-26
Reply of petitioners Denise Halvorson, et vir filed. (Distributed)
2022-09-14
Brief of respondents Hennepin County Children’s Services Department, et al. in opposition filed.
2022-07-26
Motion to extend the time to file a response is granted and the time is extended to and including September 14, 2022, for all respondents.
2022-07-25
Motion to extend the time to file a response from August 15, 2022 to September 14, 2022, submitted to The Clerk.
2022-07-15
Response Requested. (Due August 15, 2022)
2022-06-29
DISTRIBUTED for Conference of 9/28/2022.
2022-06-22
Motion for leave to file amicus brief filed by Goldwater Institute.
2022-06-22
Waiver of right of respondents W. M., F. J.V., the Red Lake Band, and the Guardian ad Litem to respond filed.
2022-06-02
Waiver of right of respondent Hennepin County Children’s Services Department to respond filed.
2022-03-30
Petition for a writ of certiorari filed. (Response due June 22, 2022)
Attorneys
Denise Halvorson, et vir
Mark David Fiddler — Fiddler Osband LLC, Petitioner
Mark David Fiddler — Fiddler Osband LLC, Petitioner
Goldwater Institute
Timothy Mason Sandefur — Goldwater Institute, Amicus
Timothy Mason Sandefur — Goldwater Institute, Amicus
Hennepin County Children’s Services Department
Jonathan P. Schmidt — Hennepin County Attorney's Office, Respondent
Jonathan P. Schmidt — Hennepin County Attorney's Office, Respondent
W. M., F. J .V., the Red Lake Band, and the Guardian ad Litem
Micahel P. Boulette — Taft, Respondent
Micahel P. Boulette — Taft, Respondent