Navajo Nation Can't Move Texas Child Welfare Case

Law360 (September 11, 2019, 6:16 PM EDT) -- A Texas appeals court on Tuesday affirmed a lower court's denial of the Navajo Nation's bid to transfer a child welfare proceeding to tribal court, agreeing that a transfer would inconvenience the parties and witnesses.

The three-judge panel denied the Navajo Nation's petition for writ of mandamus, which sought to transfer parent/child termination proceedings to tribal court in Arizona, finding the "good cause" determination under the Indian Child Welfare Act was met and therefore Judge William C. Sowder could retain jurisdiction over the proceedings.

The proceedings involve a Navajo mother, referred to as A.R., whose three children were removed from her...

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