Minnesota
The Indian Child Welfare Act is before the Minnesota Supreme Court again. Here’s why
Two Martin County foster parents are getting another audience in front of the Minnesota Supreme Court Tuesday, after arguing last fall that a nearly 50-year-old law that prevented them from adopting two Native children is unconstitutional.
If the couple succeeds in their challenge, it could drastically alter the constitutionality of the law, which is meant to preserve tribal sovereignty and address decades of Native children being severed from their cultures.
The twins at the center of this case were initially placed with foster parents until a lower court ruled they should be placed with a relative. The white foster couple, Kellie and Nathan Reyelts of Fairmont, wanted to adopt the children and claim they’ve been prevented from doing so because of the Indian Child Welfare Act, or ICWA, and a state companion law known as the Minnesota Indian Family Preservation Act, or MIFPA. They say the law is unfair.
The couple says the placement preferences required under the two laws — that the children be placed with an immediate family member or a foster home approved by the tribe — violate their 5th and 14th Amendment rights.
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The twins were removed from the Reyelts’ home after the Red Lake Nation, the tribal nation their mother is from and which they are eligible to become citizens of, said they should be placed with an aunt. The twins are now living with their grandmother and have been since September of 2023. An older sibling also resides with them.
Two lower courts already ruled against the Reyelts’ claims that the two laws discriminate against them in the adoption process because of their race.
Last fall, they took their case to the Minnesota Supreme Court. Before the court ruled, they asked for a second hearing — Tuesday’s — to make the same constitutional claims and add two more issues: Did the district court err in denying their motion for permissive intervention, and did the district court err in dismissing their third party custody petition?
The constitutional issue being considered again: Are the placement preferences of ICWA and MIFPA unconstitutional? The placement preference is with an immediate family member or a placement preference chosen by the Red Lake Nation.
Joseph Plumer, the attorney for the Red Lake Nation, said the reason the plaintiff’s attorneys are bringing this case is simple — they want to bring this case before the United States Supreme Court.
During last fall’s oral arguments, Associate Justice Anne McKeig, herself a descendant of the White Earth Band of Ojibwe, directly asked Plumer if he thought it was their intention.
“Counsel, can I ask you a question that’s probably going to be controversial, but I’m going to ask it anyway. Does there seem to be some — gamesmanship may not be the right word — but do you see this court as an avenue to try to get the issue of constitutionality of the Indian Child Welfare Act before the United States Supreme Court?” McKeig asked.
“Yes,” Plumer responded. “That’s exactly what the appellants are trying to do in this case.”
Shannon Smith, the executive director of the ICWA Law Center, which provides legal services and advocacy to Native families impacted by the child protection system, agrees.
“They are looking, I think, for something that somehow can be distinguishable from the decision in Haaland v. Brackeen,” Smith said.
She is referring to the case involving a white Texas couple who had successfully adopted a Navajo child. Their attorneys, including Mark Fiddler, a citizen of the Turtle Mountain Band of Ojibwe and the attorney representing the Reyelts, argued the laws were race-based and unconstitutional. Even though they lost the case, the court found that the petitioners’ claims of equal protection lacked standing, which is why the Reyelts can challenge the placement and claim discrimination.
Fiddler declined to comment to MPR News.
Smith says foster parents are an important part of the system of keeping children safe and providing stability. But, their role is temporary.
“You’re temporarily stepping in to care for a child where the intent is for the child to be reunified with a parent or place the relative,” she said.
Minnesota
Minnesota’s oldest operating theater is in danger of closing it’s doors
One of the oldest operating theaters in the Midwest is in danger of closing its doors for good.
If you’re heading south on Highway 15, Fairmont, Minnesota, is your last gasp before you hit Iowa. It officially became a city in the late 1800s — and not long after, the Opera House was born.
“We are the oldest, operating, continuously operating theater in the state of Minnesota,” said Jane Reiman, a lifelong resident of Fairmont.
When the doors opened in 1901, operas, musicals, plays, and concerts—drew people from across southern Minnesota, and even from Iowa and South Dakota.
“We have done a lot of entertainment over the years.”
The rock band America once performed at the opera house, as did folk legend Arlo Guthrie. In the 1990’s, the opera house even got a visit from Paul McCartney. His family bought seats.
“They came here and sat in the chairs, and now we have plaques on the chairs to memorialize them.”
In 3rd grade Blake Potthoff went to his first performance at the theater, and later, he acted on stage.
“You’ve grown up with this opera house?” asked WCCO’s John Lauritsen.
“Yeah. Absolutely, it’s a part of me even before I became executive director,” said Potthoff.
But like everything else, the theater has aged over time, to the point that it’s going to cost more than $4 million just to keep it running. If they can’t raise the money, the Opera House may have already seen its final curtain call.
“The building is on life support, and we are doing everything we can to make sure we get back to surviving and thriving,” said Potthoff.
Scaffolding is there, just to reinforce the roof; that’s the biggest expense. But the Fairmont community is starting to respond. Grants and donations have raised $1.5 million so far—still short, but a start.
When renovations are complete, they’d also like to maintain the old character of this theater. That includes this hand-cast plaster, which is also 125-years-old.
The chandeliers were installed a decade before the Titanic sank, and they’re hoping to keep those too. For Blake and others, the show has to go on. For the people in the seats, the actors on stage, and for the livelihood of a small town.
“There’s reason to save this building. That $4 million isn’t impossible. Only improbable. And I truly believe it too. I have a history of performing here. And I have two young kids. I want them to perform on stage like I had the opportunity,” said Potthoff.
Minnesota
Lawmakers demand Keith Ellison resign as Minnesota fraud grilling turns brutal
WASHINGTON (TNND) — Rep. Clay Higgins (R-LA) called on Minnesota Attorney General Keith Ellison to resign during the House Oversight Committee’s hearing on the widespread fraud in Minnesota.
Higgins began his line of questioning by referring to Ellison’s open statement.
“Under Minnesota law, my Office has limited jurisdiction over criminal matters. The only kind of criminal case we can prosecute on our own is Medicaid fraud; any other criminal case must be specifically referred to us by county attorneys or the Governor,” Ellison said in his opening statement.
Higgins stated Ellison said that his office only had the authority to investigate Medicaid fraud, to which Ellison nodded his head in response.
But, Higgins pointed out that was incorrect.
“Under your own law, you have authority if the county district attorney asks you to get involved, or if the governor asks you to get involved, then your office can take the lead on any criminal investigation,” Ellison said.
Ellison remained speechless after Higgins asked him if that his statement was correct.
“So you have the authority to lead your state’s effort to respond to this massive fraud at the state level, from within the health care realm, where government money has been stolen at very, very high levels, unprecedented levels, in your state,” Higgins said.
“Are you leading that effort for the state of Minnesota?”
Ellison replied but his response was not picked up by the microphone.
“You’re addressing it,” Higgins asked. “Are you leading it?”
Ellison responded, “we are leading the effort to prosecute Medicaid fraud.”
“I’m not talking about Medicaid fraud,” Higgins yelled.
“Don’t hide behind that. You have the authority to prosecute anything criminally that the governor asked you to. And this thing is big.”
“I’m giving you an opportunity, sir. Are you leading the criminal investigative effort into this massive fraud across the board in the healthcare spectrum, in the state of Minnesota or not,” Higgins continued.
Ellison replied, saying his office was “following the law,” prompting Higgins to interject.
“You are not leading,” Higgins responded. “You’re not leading. I must say, Mr. Chairman, that the Attorney General of Minnesota should resign.”
Minnesota
Maddy Kimbrel Named Minnesota’s 2026 Ms. Hockey Winner
Maddy Kimbrel joined an illustrious group of players as Minnesota’s 2026 Ms. Hockey winner. The award is annually given to the best high school women’s hockey player in the state of Minnesota.
The Holy Family forward scored 37 goals and 57 points this season in only 26 games for her school.
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She was also an assistant captain for Team USA at the 2026 U-18 World Championships winning gold. It was her second time representing USA at the event.
Kimbrel spent four seasons playing for Orono High before moving to Holy Family this season.
The 17-year-old Mound, Minnesota product is headed to the University of Wisconsin next season.
The other four finalists for the award were Alaina Gentz (Centennial/SLP), Jasmine Hovda (Roseau), Lorelai Nelson (Edina), and Mia Miller (Northfield).
Past winners of the award include current PWHL players such as Taylor Heise (2018), Peyton Hemp (2021), Olivia Mobley (2020), Grace Zumwinkle (2017), and Hannah Brandt (2012), and 2024 Hockey Hall of Fame inductee Krissy Wendell-Pohl.
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