Opinion
A23-1762
07-02-2024
In the Matter of the Welfare of the Children of: L.K. and A.S., Parents
ORDER ON PETITION FOR FURTHER REVIEW; Issues Granted: (1) Whether the Indian Child Welfare Act, 25 U.S.C. §§ 1901-1963, and the Minnesota Indian Family Preservation Act (MIFPA), Minn. Stat. §§ 260.751-260.835, violate the Fifth Amendment's guarantee of equal protection by imposing race-based placement preferences? (2) Whether the district court and court of appeals erred as a matter of law in finding that mother's preference for placement of her children with appellants did not constitute “good cause” to deviate from the placement preferences of MIFPA, Minn. Stat. § 260.773, subd. 10(2)(i), because it was not stated in the “proper form”-despite being submitted in an affidavit?
Granted