|
(Continued from page 23)
ter.
• Tornow acknowledged it would have been better for him never to have talked with the lawyer representing his daughter.
• "I guess what I learned through this is that it's really probably toughest knowing your lifelong obligation is to be a parent first," Tornow told the Supreme Court.
• Frieberg said the Disciplinary Board felt Tornow had a heightened responsibility as a public official.
• "I think most important perhaps in all of this is a concern about public trust. We expect a public official to be honest, forthright and treat us fairly," Frieberg said.
• The Supreme Court will issue a decision later.
•
SD social services wants tribes' lawsuit tossed
KRISTI EATON,Associated Press
• SIOUX FALLS, S.D. (AP) -- The head of South Dakota's Department of Social Services asked a judge to toss out a lawsuit filed by two tribes alleging that the state routinely breaks federal law governing foster care and adoptions for American Indian children.
• Lawyers for DSS Secretary Kim Malsam-Rysdon wrote in a motion to dismiss filed Monday that there is no evidence Malsam-Rysdon made deliberate choices that violated tribal members' rights.
• "The complaint is devoid of any specific facts that (DSS) took any action pursuant to an alleged unconstitutional policy or custom," a memorandum supporting the motion to dismiss said.
• The Oglala Sioux and Rosebud Sioux tribes, along with three Native American parents, sued Malsam-Rysdon, as well as DSS employee LuAnn Van Hunnik, Pennington County State's Attorney Mark Vargo and 7th Judicial Circuit Court Presiding Judge Jeff Davis. Van Hunnik, Vargo and Davis have also filed motions to dismiss.
• The lawsuit alleges the state is violating the Indian Child Welfare Act by holding improper hearings after children are removed from homes. It says the hearings are sometimes as short as 60 seconds and do not give parents the opportunity to introduce evidence showing their ability to care for the child or to question the state.
• The suit is part of an ongoing dispute about Native American children in foster care in South Dakota.
• Federal law requires that Native American children removed from homes be placed with relatives or with other Native American families, except in unusual circumstances. Tribal officials contend South Dakota removes too many American In (Continued on page 25)
|
|
