In re Interest of E.T.

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The Supreme Court reversed the order of the circuit court granting the Oglala Sioux Tribe's motion to transfer jurisdiction of an abuse and neglect proceeding to tribal court, holding that the circuit court abused its discretion when it granted the Tribe's motion to transfer without hearing the testimony of the child's physician. After the child in this case was born, the State alleged that the child was abused or neglected. At the outset of what was to have been the final disposition hearing, the Tribe orally moved to transfer the abuse and neglect case to tribal court. The circuit court ultimately granted the Tribe's motion to transfer. The child's counsel appealed, challenging the circuit court's order transferring jurisdiction to tribal court. The Supreme Court reversed, holding that the circuit court abused its discretion when it granted the Tribe's motion to transfer without hearing the testimony of the child's physician, who was present in the courtroom. The Court remanded the case for further proceedings to determine the Tribe's motion for transfer anew. View "In re Interest of E.T." on Justia Law