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
Wildfire smoke from Canada and Minnesota pushes further into US, engulfing DC in eerie haze
NEW YORK (AP) — Millions of people in the Great Lakes, Northeast and Mid-Atlantic states muddled through another day of unhealthy air from uncontrolled wildfires on Friday, as smoke enveloped the nation’s capital in a gloomy, eerie haze.
Air quality warnings were expected to remain in effect through Saturday across a wide swath of the U.S., but there’s potential for temporary relief with rains and storms forecast over a chunk of the affected region over the weekend.
The smoky conditions won’t be gone anytime soon, though, as fires burn unchecked across a remote region of Canada, cautioned Bob Oravec, a lead forecaster at the National Weather Service based in Maryland. Wildfires in a wilderness area in Minnesota are also contributing to the smoke.
“The source of the smoke is going to continue on for certainly a week, probably,” he said. “So in some form, there’s going to be smoke that gets transported from the fires downstream, and it’s just going to depend upon which way the wind’s blowing as to where the smoke is going to affect the most.”
On Friday, communities in Minnesota, Michigan and Illinois closest to the Canadian border and the Boundary Waters Canoe Area Wilderness in Minnesota again registered some of the worst air quality in the world, according to IQAir, an air quality monitoring website.
Not far behind them was Washington, D.C., where the thick smoke created eerie scenes. The Washington Monument, the Lincoln Memorial and other national landmarks could be seen enveloped in a thick, orange-hued haze in the morning.
“Wow that Canadian smoke haze is no joke,” Stewart Verdery, a former assistant secretary at the U.S. Department of Homeland Security, wrote on X as he shared a panorama of D.C. at sunrise. “Almost nothing visible – no sun, no monuments, no Reagan Airport.”
Air in and around Washington was expected to go from bad to worse as the day progressed, reaching “very unhealthy” and potentially “hazardous” levels on the air quality index, regional officials said.
People, particularly those with heart or lung disease, older adults and children, were urged to limit or avoid going outside as much as possible until air quality improved.
There was also concern in the New York City area about how the foul air might impact the World Cup final match between soccer powerhouses Spain and Argentina at MetLife Stadium in New Jersey on Sunday.
Oravec said winds will continue pushing the wildfire smoke east in the U.S., though conditions should be better on game day Sunday than on Saturday.
Just a day earlier, a thick haze tinged with orange and yellow darkened skies across several states and partly obscured Manhattan’s skyline.
Officials from New York, New Jersey, Pennsylvania and other Northeast states distributed free K95 face masks, canceled outdoor programming and opened libraries and other public buildings as cooling centers where people could get a respite from the sooty air.
As Friday progressed, air quality measures improved from “unhealthy” to “moderate” in some places in and around New York City.
A strong sun broke through a thin veil of smoke, and large chunks of clear blue sky were visible across much of the region by Friday afternoon.
Saturday brings a high chance of thunderstorms across much of the Northeast and mid-Atlantic, which will help dampen the bad air.
How long the reprieve lasts depends on what happens hundreds of miles north, as some 100 wildfires burn without end in sight, largely in the Ontario area in Canada. In the U.S., officials have closed the Boundary Waters while battling multiple fires.
Long-term exposure to smoky conditions can complicate existing health problems and lead to chronic and deadly issues, including respiratory illness, cardiovascular and neurological diseases and premature death.
Minnesota
Miinesota’s common loons are genetic cousins to penguins
See how the bald eagle’s story shows its enduring symbolism
As the U.S. celebrates 250 years, the bald eagle endures as North America’s native sea eagle and national bird.
The common loon, Minnesota’s state bird, is more closely related to a penguin than a duck.
Despite loons predominantly living in the northern hemisphere and penguins mostly living in the southern hemisphere, researchers consider them to be genetic cousins. Taxonomic analyses placed them in an evolutionary cluster tracing back 40 million to 50 million years ago, along with herons and pelicans.
While loons and ducks share habitat on Minnesota lakes, they aren’t close relatives. Ducks are closer cousins to geese and swans.
After sharing a common ancestor, penguins and loons developed distinct characteristics. Loons can fly, but struggle to move on land; penguins can’t fly, but waddle on land. Penguins use flipper-like wings to swim; loons use webbed feet for underwater propulsion.
They have some similar features, however, including dense bones to help dive underwater and their tuxedo coloring.
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Minnesota
Hundreds of Canada wildfires prompt US air quality alerts as smoke spreads south
Fires in the past burned more frequently in western Canada, but recent years have seen that trend migrate eastward, with large fires now burning in Ontario, Quebec and Atlantic provinces, Prof Chasmer said, leading to more noticeable smoke in densely populated cities like Toronto and New York.
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