Federal Law, Statutes, Indian Child Welfare Act, Interstate Compact on the Placement of Children

Oklahoma: Cherokee Nation v. Michael Nomura Cite: No.102875; 2007 OK 40; 2007 Okla. LEXIS 70 (Ok. Sup. Ct. May 22, 2007)
The Oklahoma Supreme Court affirmed the lower court’s holding that the Oklahoma Indian Child Welfare Act does apply to both voluntary and involuntary adoptions of Indian children in Oklahoma. The biological mother, a member of the Cherokee Nation, sought non-Indian parents residing in Florida to adopt her child through a Florida adoption agency. The birth mother went to Florida to consent to the adoption and to execute the termination of her parental rights. The Cherokee Nation argued that the child should not be removed from Oklahoma for lack of notice to the Tribe and lack of adherence to the adoption placement preferences of the Indian Child Welfare Act and the Oklahoma ICPC.

Link: http://www.oscn.net/applications/oscn/deliverdocument.asp?citeid=449071

Federal Law, Agency Responsibility

Third Circuit, Court of Appeals: Bennett v. City of
Philadelphia, No. 06-2879, 06-2978
In 42 U.S.C. section 1983 and state law actions brought against a city, agency, social workers and others arising from one child’s death and children’s injuries, summary judgment for defendants (City of Philadelphia) is affirmed as, for purposes of state-created danger claims, plaintiffs failed to establish that a state actor affirmatively used his or her authority to render the citizen more vulnerable to danger than had the state not acted at all.

Link: http://caselaw.lp.findlaw.com/data2/circs/3rd/062879p.pdf

Constitutional Law, Full Faith and Credit

Tenth Circuit, Court of Appeals: Finstuen et al v.
Edmondson et al., No. 06-6213
The 10th U.S. Circuit Court of Appeals upheld a lower court’s decision overturning a 2004 law prohibiting the recognition of adoptions by same-sex couples finalized in other states or foreign countries. The Adoption Invalidation Law passed at the end of the 2004 Oklahoma legislative session stated that Oklahoma “shall not recognize an adoption by more than one individual of the same sex from any other state or foreign jurisdiction.” The 35-page decision by the Court of Appeals affirms the May 2006 ruling by the U.S. District Court, which found the state law violated the U.S. Constitution by singling out a specific group for discrimination. The decision protects same-sex couples who adopted while living in other states and later moved to Oklahoma with their families, or who want to visit the state. The Oklahoma Department of Health has stated it will not appeal the decision.
Link: http://www.kscourts.org/ca10/cases/2007/08/06-6213.htm

Credits: Evan B. Donaldson Adoption Institute, FindLaw, National Center for Adoption Law and Policy