IN THE INTEREST OF C.S., Minor Child, M.U., Mother, Appellant.
from the Iowa District Court for Plymouth County, Robert J.
Dull, District Associate Judge.
mother challenges a juvenile court order transferring
jurisdiction from the Iowa District Court to the Wind River
Tribal Court. APPEAL DISMISSED.
Bybee of Bybee Law Office, P.C., Le Mars, for appellant
J. Miller, Attorney General, and Mary A. Triick, Assistant
Attorney General, for appellee State.
Shelley Mbonu of Northern Arapaho Tribe, Fort Washakie,
Wyoming, pro se appellee
Thali of Juvenile Law Center, Sioux City, attorney and
guardian ad litem for minor child.
Considered by Vogel, C.J., and Vaitheswaran and Mullins, JJ.
born in 2016 came to the attention of the department of human
services based on his mother's conduct. The district
court adjudicated him in need of assistance but left him in
his mother's care. Later, the court transferred the child
to his maternal grandmother's care.
child's father was an enrolled member of Wyoming's
Northern Arapaho Tribe. The district court notified the tribe
of the pending action. The tribe in turn notified the
district court that the child was eligible for enrollment.
Nonetheless, the district court deemed the Indian Child
Welfare Act inapplicable.
State eventually filed a petition to terminate parental
rights. The court held an evidentiary hearing. While the
matter was pending, the tribe filed a petition to transfer
jurisdiction of the case to the tribal court. The tribe did
not serve the mother with the petition.
days after the transfer petition was filed, the district
court ordered a transfer of the case to the tribal court and
a transfer of the child to "the Wind River Indian
Reservation." The mother timely moved to amend or
enlarge the findings and conclusions. She asserted the court
entered the transfer order "without a hearing" and
failed to afford the parents "sufficient time to object
to the application." She formally objected and asserted
she had evidence to support her objection. The mother also
requested a stay of the transfer order.
district court granted the stay request pending resolution of
the mother's motion. Shortly thereafter, the court denied
the motion, reasoning in part that "the movant failed to
personally appear for hearing on the termination of her
parental rights or present evidence." The court
dismissed the Iowa case before ruling on the pending
mother filed a notice of appeal. She contends the court erred
in "transferring jurisdiction to the Wind River Tribal
Court three days after the Tribe had filed the ...