By Molly Montag
The Iowa Court of Appeals on Wednesday reversed a Woodbury County District Court decision that placed three children in tribal custody, ruling that parts of the Iowa Indian Child Welfare Act are unconstitutional.
The appeals court said in its ruling those portions of the law are unconstitutional because they do not allow the children to object to the transfer of their welfare cases from the state of Iowa to the Winnebago Tribe of Nebraska.
The court ordered a hearing be held so the children and their attorney can object and offer evidence pertaining to the three children’s best interests. Wednesday’s ruling did not say who should have authority over the children’s cases.
The court case involves three siblings who have been involved with the Iowa Department of Human Services since the eldest child, born in 2003, tested positive for methamphetamine at birth.
The state sought termination of parental rights in 2008.
According to Wednesday’s ruling, the children were transferred to tribal custody May 27 after the tribe petitioned the court for jurisdiction in accordance with the Iowa Indian Child Welfare Act.
Attorney Amanda Van Wyhe, representing the children, had appealed that transfer on the grounds that it wasn’t in the children’s best interests and that the law violated the children’s rights to due process and equal protection.
According to Wednesday’s ruling, two of the children complained of or exhibited signs of sexual abuse by a relative in whose home they were going to be placed. The children also did not want to be separated by being placed in different homes, the appeals court said.
It was not clear from the court documents whether the children were placed with the relative in question or if the allegations were substantiated.
Attorneys representing the state, the tribe and the children could not immediately be reached for comment on the decision.
