Armed Polite Society
Main Forums => Politics => Topic started by: MillCreek on March 25, 2018, 09:50:42 PM
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http://www.miamiherald.com/news/local/community/miami-dade/article206636249.html
As a risk manager, this case is making me think. I have been peripherally involved in some tribal custody cases, but never from the standpoint of authorities seizing a child from a healthcare facility. Were I in this situation and read the tribal court order, I would most likely refuse to honor it on the basis that the tribal court did not have jurisdiction in this matter off the reservation. However, if a county or Federal judge issued a companion court order, I would obey it. The presence of city police complicates it insofar as they would have jurisdiction off the reservation. Here in Snohomish county, the local tribal police of the Tulalips (the largest tribe in the county) have all been cross-commissioned as sheriff deputies to give them jurisdiction over non-tribe members.
I have read enough in my journals to know that the whole issue of tribal jurisdiction in child custody and adoption cases is hotly-contested and is pretty murky to anyone not an expert in tribal law.
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I've been trying to follow this case, but your thread title says the tribal police returned the baby. The article doesn't say that. The last I knew, the parents had no idea where their child was. Have I missed something?
[Edit to add] Okay, I thought this was the same article I had read previously, but this one does say they returned the child. )Looks like the Miami Herald updated it without making clear what they updated.) That's good news. I still say shame on the Metro-Dade PD for not knowing the tribal court order was invalid.
A recognized Native American tribe is a sovereign nation. If someone showed up in Metro-Dade with a court order from Germany, Italy, or South Africa (sovereign nations), I don't think they would serve it without getting a signoff from a U.S. federal judge. This should be no different.