North Dakota
North Dakota’s first Indian Child Welfare Act Court could be established in Northeast Judicial District
BISMARCK — With the passage this week of a budget bill amendment that would allocate funding to specialized courts throughout the state, the Northeast Judicial District is one step closer to establishing an Indian Child Welfare Act Court in North Dakota.
The $125,292 allocation was previously removed from SB 2002, but after being asked to reconsider, the Education and Environment Division of House Appropriations added it back into the budget during a Tuesday committee hearing.
“If this is implemented, we would be the first ICWA Court in North Dakota — really addressing those unique needs of Native American families and upholding the intent of the law, which is to preserve those cultural connections and family unity whenever possible,” said Heather Traynor, who works for the North Dakota Supreme Court’s court improvement program. She testified in favor of the funding allocation.
Though they make up approximately 6% of the state’s population, Indigenous youth account for 26% of its foster care population, Traynor said. There have been many efforts throughout the last 15 years to determine how this disproportionate rate can be reduced.
Traynor, and others, believe ICWA court could be an answer.
The ICWA, a federal law established in the 1970s, was a response to the “unwarranted removal of Indian children from their families and tribal communities in alarming numbers,” according to the ICWA Law Center, an Indigenous legal services nonprofit organization.
Highlights of the act include recognizing tribal sovereignty, preserving Indigenous families and recognizing tribal and familial connections.
It requires higher levels of engagement to keep families together and, if that is not possible, to keep them within or otherwise connected to their communities, Traynor said.
The act describes placement preferences for Indigenous children as the following, in order of preference:
- A member of the child’s extended family;
- an Indigenous foster home licensed, approved or specified by the child’s tribe;
- an Indigenous foster home licensed or approved by an authorized non-Indigenous licensing authority; or
- an institution for children that is approved by a tribe, or operated by an Indigenous organization, and has a program suitable for the child’s needs.
The ICWA does not apply to all Indigenous youth. Rather, it applies to those who either are enrolled with a tribe or are eligible for enrollment, Traynor said.
“With ICWA, we look to protect the best interests of Native American children, and prevent unnecessary removal,” she said. “That’s why it was put into place. But it’s important that we focus on these efforts once they are removed, so that they can maintain that cultural connection with their Native American families and communities.”
Across the 23 states that have established their own ICWA courts as an intervention tool, the goal of timely permanency has been found to be more attainable, Traynor said.
Permanency is a living situation that is permanent and stable, and ideally preserves existing familial connections, according to the Child Welfare website, an official website of the Children’s Bureau and Child Welfare Information Gateway.
Benefits of an ICWA court would include the opportunity for a more family-based approach with earlier intervention and consistency in scheduling that would allow for a tribal presence at hearings, Traynor said.
2024 Record: 14-2 (7-1 MVFC)
Head Coach: Tim Polasek (2nd season, 14-2)
Last FCS Playoff Appearance: 2024
North Dakota State’s 2025 football schedule features four FCS non-conference games and eight MVFC conference matchups.
The full 2025 schedule for North Dakota State is below.
Aug. 30: at The Citadel
Sep. 6: at Tennessee State
Sep. 13: SEMO
Sep. 20: Bye Week
Sep. 27: South Dakota
Oct. 4: at Illinois State
Oct. 11: Southern Illinois
Oct. 18: at Indiana State
Oct. 25: at South Dakota State
Nov. 1: Youngstown State
Nov. 8: at North Dakota
Nov. 15: Northern Iowa
Nov. 22: St. Thomas
* Italics indicate conference matchups
A North Dakota mayor resigned on Tuesday after an investigation into a lewd video he messaged to the city’s top attorney in January.
Minot Mayor Tom Ross texted City Attorney Stefanie Stalheim a video of him masturbating shortly after the two talked on the phone about a police officer’s suicide, according to a report issued by the Minot City Council. Ross called Stalheim within minutes of sending the video, asking her to delete it without watching it and telling her it was intended for a girlfriend.
The mayor stepped down from office the same day Minot legislators made the report into the incident public.
“As much as I love the City of Minot and where it is heading, for the last, just about 5 years, I have had my priorities misaligned,” Ross wrote in a resignation letter. “While I’ve done my very best to be a good leader, it’s clear that time has come to an end.”
Ross told investigators that he sent the “sexy video” intended for his girlfriend on Jan. 14 when he was home on his lunch break. According to the report, he attributed the snafu to his unfamiliarity with using an iPhone compared to his Samsung S22 phone.
He also said that his girlfriend’s name begins with “C” and Stalheim was saved in his as “City Attorney,” the report added.
Upon hearing the mayor’s description of the video content, Stalheim told investigators she “fell out of her chair.” The reaction, according to Stalheim, was also due to the “combined stress” of receiving news of the police officer’s death, the report added.
The city prosecutor asked another employee in the room to delete the video, who, in doing so, “caused it to play,” according to the report. As a result, the employee, a Human Resources representative, “viewed some or all of the video.”
“The investigator found somewhat credible Ross’s statements that the video was sent to Stalheim unintentionally and that the video was intended for Ross’s intimate partner,” the report added. “Due to Ross’s position as one of increased visibility, responsibility, and trust, and due to his decision to use a personal cell phone to conduct city business, that the fact he would use that device to record and send videos of this nature is in and of itself reckless enough that he knew the risk he was taking by engaging in such behavior.”
Ross was elected mayor in 2022 after serving on the city council since 2020, according to a city profile of the former official. Minot, home to more than 47,000 people, is located about 50 miles south of the Canadian border.
The North Dakota city is known for a nearby Air Force base.
Michael Loria is a national reporter on the USA TODAY breaking news desk. Contact him at mloria@usatoday.com, @mchael_mchael or on Signal at (202) 290-4585.
MINOT, N.D. — The mayor of one of North Dakota’s largest cities resigned after an investigation into him mistakenly sending a lewd video to the city attorney.
Minot Mayor Tom Ross resigned Tuesday, the same day an investigative report was made public that found Ross sent a video of himself masturbating to City Attorney Stefanie Stalheim in January. He sent the video minutes after the two had a telephone call discussing a police officer’s suicide.
Ross asked Stalheim to delete the video, not to watch it and to keep the incident between them, the report said. Ross told an interviewer he had recorded the video at home during a lunch break and meant to send it to his romantic partner, not to Stalheim. He had said it was “a sexy video for his girlfriend.”
The report said Stalheim struggled with whether to make a formal report. Ross was her direct supervisor, and Stalheim’s annual review was pending at the time, the report said. Her complaint asked for an apology from Ross and that he consider resigning as mayor.
The investigator found Ross’s conduct “directly caused Stalheim’s inability to work in an environment free from unreasonable sexual harassment and created an offensive work environment.”
Ross said Wednesday he takes full responsibility and holds Stalheim “in the utmost regard and respect.” He said he had not resigned earlier “to respect the process.” He plans to focus on himself, healing and moving forward with his family, he said.
Telephone and email messages seeking comment were left for Stalheim Tuesday.
The Minot City Council on Tuesday to appoint a mayor from within the council after 15 days, which is the timeframe for citizens to petition for a special election.
Ross was elected mayor in 2022 after serving two years on the city council. Minot, about 50 miles (80kilometers) south of the Canadian border, is home to more than 47,000 people.
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