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In re S.E.G.

521 N.W.2d 357, 365 (1994)

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In re S.E.G.

Minnesota Supreme Court
521 N.W.2d 357, 365 (1994)

Facts

Indian children were at the center of a dispute about whether the children should remain in an Indian foster home or be placed in a non-Indian adoptive home. The trial court heard testimony from witnesses for both sides. The tribe proffered testimony from many qualified expert witnesses (QEWs). The non-Indian adoptive home proffered only two witnesses that it claimed were QEWs. The record established that both the Indian home and the non-Indian home met the children’s needs but that the non-Indian home could probably not meet the children’s cultural needs as successfully as the Indian home could. One QEW testified that a non-Indian family could meet the cultural needs of Indian children but did not testify that the children had extraordinary emotional needs. None of the QEWs testified that the children had extraordinary emotional needs that were not being met. Nevertheless, the trial court found that the children had extraordinary emotional needs.

Rule of Law

Issue

Holding and Reasoning (Keith, C.J.)

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Casebooks

Indian Law

Key Terms