Tribes Ask 5th Circ. For Halt In Indian Child Welfare Case

Law360 (November 20, 2018, 7:52 PM EST) -- Four Native American tribes urged the Fifth Circuit to put the brakes on a lower court ruling that the Indian Child Welfare Act is unconstitutional, saying a stay is needed to protect children from potential abuse in Texas' foster care system.

The Cherokee Nation, the Oneida Nation, the Quinault Indian Nation and the Morongo Band of Mission Indians asked the circuit court on Monday for the stay while they appeal U.S. District Judge Reed O'Connor's Oct. 4 decision in a challenge to the ICWA brought by Texas, Indiana, Louisiana and several foster families. Judge O'Connor recently refused to issue such a stay...

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