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.
With family by his side, Dennis “Bud” Peterson went to be with the Lord on the morning of June 1, 2026.
He was born at Drake, North Dakota on April 2, 1932 in the home of his parents Nick and Helen Peterson. The family moved to Duluth at the beginning of World War II.
After graduation from Duluth Central High School Bud served in the US Army in Korea during the Korean War, and received an Honorable Discharge with the rank of Sergeant. He used his GI Bill benefits to attend UMD receiving an Associate Degree, and also earned his Commercial Instrument Pilot rating.
Bud was a longtime employee of St. Louis County retiring as Supervisor of Roads and Bridges. In retirement he served as Boiler Engineer and a do it all repairman for Duluth Gospel Tabernacle. He generously devoted his time and talents as a consummate do it yourself repairman to all of his family.
Dennis is preceded in death by his parents, Nick & Helen Peterson; brother, Robert Peterson; sister, June (Don) Kruger; and infant brother and sister, James and Delores Peterson.
He is survived by his sister, Carol (Eli) Miletich; and numerous nieces and nephews all of whom he loved dearly.
At Bud’s request, his family will be holding a private funeral service. Arrangements by Dougherty Funeral Home 218-727-3555.
The Minnesota Department of Human Services is reexamining over 5,000 Medicaid service providers across the state in an effort to combat fraud.
The federal government said it would pull $2 billion in annual Medicaid funding from Minnesota in January if the state didn’t make changes.
The Minnesota Department of Human Services set out to revalidate thousands of providers in programs deemed high risk for fraud by asking providers to submit verification paperwork and making unannounced site visits. The deadline passed on Sunday.
The latest data, published on May 27, shows 1,009 providers approved, 1,151 disenrolled and over 3,000 providers with pending applications.
Paige Berland and Camille Heyman run Minnesota Behavioral Specialists, providing autism care to children through two locations in the metro area. The women say that after submitting their paperwork, they received letters from DHS with determinations for both locations: the Bloomington center was terminated and the Eagan office was approved.
“It doesn’t make sense, everything is the same minus the location,” Berland said. “So why was one approved and one wasn’t approved?”
The termination letter said the Bloomington center was denied because they failed to disclose a managing employee during a site visit. Berland disputes that and said she already submitted an appeal.
“We were told to keep running, keep continuing as we are while we go through this process,” she said. “It just means that we don’t have the money coming in.”
Josh Berg with Accessible Space says they’re also in limbo. Berg said they offer integrated community supports, which means caretakers provide in-unit assistance for people with spinal cord injuries and disabilities.
“Most of the folks that we support are wheelchair-bound,” Berg said. “Helping with meals, helping with medications, helping them just live their lives.”
Berg said that of the seven locations where people are housed, the Department of Human Services terminated five and approved two. He believes the timeline to conduct this revalidation process was too aggressive. He said Accessible Space has also submitted an appeal.
“We’re not able to bill for services, we’re not able to start new services for anybody or change any of the supports that they receive,” he said.
Both Berg and Berland say they agree fraud needs to be dealt with, but they hope Minnesotans who truly need services aren’t left without the services they need.
“Not just the clients rely on services, but the families do too, so we can’t stop services; that’s not an option on our plate,” Berland said. “We want to continue to provide these services; they are medically necessary.”
The Minnesota Department of Human Services said a disenrollment letter could be sent for a few reasons, including failure to submit revalidation application after two notification attempts, failure to provide all requested documents within the required timeframe and failure to meet the criteria required during an on-site visit.
A spokesperson for the Department of Human Services said it’s currently in the process of compiling data from the thousands of applications, but didn’t say when the department would share those final numbers.
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The Minnesota Republican Party is distancing itself from a moment of silence held for Derek Chauvin during its state convention, saying the gesture was not part of leadership planning, not included in the official program, and should not be interpreted as a party position.
GOP officials said in a Monday, June 1 Facebook post that the recognition of the former Minneapolis police officer, who was convicted in the killing of George Floyd in 2020, emerged from a spontaneous delegate motion on the convention floor and was not initiated or endorsed by leadership.
The controversy quickly escalated after state leaders, civil rights attorneys and Democratic lawmakers condemned the action, describing it as deeply harmful to Floyd’s family and inconsistent with accountability under the law.
The moment of silence took place during the party’s annual gathering in Duluth on May 30 and comes just days after the sixth anniversary of Floyd’s murder in Minneapolis, an event that reshaped national debates over policing and racial justice.
Republican Party of Minnesota says gesture was not leadership action
In a statement, the Republican Party of Minnesota said the recognition of Derek Chauvin originated as a delegate request during floor proceedings at the convention in Duluth and was handled under standard rules of order.
Party officials emphasized that convention leadership, including chair Danny Nadeau, did not propose the motion. The statement said leadership’s role was procedural only, and that presiding over the motion did not reflect agreement with or endorsement of its subject matter.
Officials reiterated that the convention agenda itself did not include any planned recognition of Chauvin and said the episode should not be interpreted as a leadership-driven decision or policy stance.
Minnesota attorney general calls action ‘profound cruelty’
Minnesota Attorney General Keith Ellison, who led the prosecution of Chauvin, sharply criticized the gesture, calling it an “act of profound cruelty” toward the Floyd family.
Ellison said the timing, so close to the anniversary of Floyd’s death, compounded the harm.
He said honoring Chauvin “dishonors the memory of George Floyd and wounds his loved ones all over again,” and called it “disturbing” to recognize someone convicted of violating his oath as a police officer.
Ellison also said the action was “disrespectful” to law enforcement officers who serve honorably, and reaffirmed that courts had already upheld Chauvin’s conviction through multiple appeals.
Broader backlash and political fallout
Democratic state Rep. Jamie Long called the moment of silence “disgusting,” arguing that Republicans chose to honor a convicted murderer rather than victims of violence or service members.
The gesture also drew criticism from civil rights attorneys Ben Crump and Antonio Romanucci, who represented George Floyd’s family in its civil case after his death. The attorneys called the moment of silence immoral and demanded a retraction and apology, saying it disrespected both the Floyd family and the broader public record of Chauvin’s conviction.
Floyd was killed on May 25, 2020, when Chauvin, a white former Minneapolis police officer, knelt on his neck for more than nine minutes. Chauvin was later convicted of second-degree murder, third-degree murder and second-degree manslaughter, and sentenced to 22½ years in state prison.
The killing sparked global protests and became a defining moment in the Black Lives Matter movement and debates over policing in the United States.
Chauvin’s conviction has been upheld through multiple appeals, including a denial by the U.S. Supreme Court in 2023, and he is serving his sentence in federal custody.
Party officials say despite the controversy, their focus remains on candidate endorsements and upcoming elections, not the floor action that triggered the backlash.
Reporter Anthony Thompson can be reached at ajthompson@usatodayco.com, or on X @athompsonUSAT.
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