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01-0956, 01-0957, 01-0958, 01-0959 In the Interest of Shawnda G.

By: dmc-admin//July 16, 2001//

01-0956, 01-0957, 01-0958, 01-0959 In the Interest of Shawnda G.

By: dmc-admin//July 16, 2001//

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“Pursuant to the plain language of 25 U.S.C. 1911(b), ‘either parent or the Indian custodian or the Indian child’s tribe’ may request a transfer of jurisdiction. Marcella, as a parent, was therefore entitled to request a transfer of jurisdiction. Accordingly, the circuit court erred when it concluded that Marcella lacked standing to do so.”

“Pursuant to the guidelines, once the circuit court received Marcella’s request for transfer, it should have notified the tribal court of the proposed transfer. It is undisputed that the circuit court made no attempt to contact the tribal court before rejecting Marcella’s request. This is understandable, given the tribal attorney’s erroneous assertion that the Tribe alone had standing to request a transfer. Nevertheless, the fact remains that the circuit court erroneously denied Marcella’s request for transfer without first ascertaining whether the tribal court would accept jurisdiction and, if so, determining whether there was good cause to deny the transfer.”

Affirmed in part, reversed in part, and remanded.

Recommended for publication in the official reports.

Dist III, Brown County, Zuidmulder, J., Cane, J.

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