questions?
2006-12-31 04:36:03 · 8 answers · asked by ch68 1 in Politics & Government ➔ Law & Ethics
Giving birth to your child on the reservation doesn't make them a member of the tribe. It's about jurisdiction under ICWA. Your child must be an indian child (registered or eligible) and have ties to the reservation for the tribal court to have exclusive jurisdiction. And, the State still has jurisdiction if it is not a qualified custody dispute. So, the reservation, while a mostly sovereign nation (they have significant right impaired by the feds), it is not a safe harbor for any kind of illegal behavior, including child neglect or abuse or if you do not have custody for some reason. The state can serve you on the reservation, they will just go through the tribal courts. And, unless it is a custody dispute, the tribal courts are unlikely to assert jurisdiction. Even if the tribal courts do, they will hold the exact same kind of hearing (assuming your tribe has a full court system and you are not in a PL 280 state).
2006-12-31 04:43:02 · answer #1 · answered by Angry Daisy 4 · 2⤊ 0⤋
Indian Reservations are independent nations within the United States, the laws of the reservation apply, not those of the United States.
2006-12-31 12:38:46 · answer #2 · answered by r1b1c* 7 · 0⤊ 0⤋
Native American reservations ARE a sovereign nation. Reservations are policed by either tribal police, or federal law enforcement officials, which are the only ones able to enforce the law on the reservation land.
I believe the Childrens Services CAN enforce on the reservation, either thru the state or the tribal courts.
The reservations are sovereign nations
The Indian reservations are actually sovereign nations within the United States of America. They govern themselves; maintain their own police force and their own system of justice. When you visit a reservation, you are under the laws of the tribe.
Visit the following links for more information on sovereign nations.
2006-12-31 13:59:56 · answer #3 · answered by tequilagold_32 2 · 0⤊ 0⤋
This is definitely NOT true. Nor is it true that Indian reservations are independent nations within the U.S.A. The first person that answered your question stated incorrect information and then cited a reference which proved they were wrong....
2006-12-31 12:58:13 · answer #4 · answered by plucack 2 · 0⤊ 0⤋
Yes it is true but then the child becomes a member of the tribe and can never leave the reservation.
2006-12-31 12:43:31 · answer #5 · answered by Anonymous · 0⤊ 0⤋
no its not certain laws do not apply unfortunatly the Child Protection Services have certain circles they can go through to take your child. Do you have a reason why they would take your child?
2006-12-31 12:41:00 · answer #6 · answered by mcshankel04 2 · 0⤊ 0⤋
you have to give it an indian name like "lonewolf" or something....
2006-12-31 12:46:50 · answer #7 · answered by Anonymous · 0⤊ 0⤋
yeah
2006-12-31 12:40:32 · answer #8 · answered by silversnipe12 2 · 0⤊ 0⤋