Application of Bertelson

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• asserting that although the ICWA did not apply to the instant case, state courts should \respect federal policy and consider the rights of the child and the tribe in deciding whether to accept or to decline jurisdiction\
• “Presumably the tribal court is better equipped to consider the ethnic identity as a factor in determining the child’s welfare than is a state court.”
• \Presumably the tribal court is better equipped to consider the ethnic identity as a factor in determining the child's welfare than is a state court.\
• “An assumption of state court jurisdiction over Indian child custody disputes poses a substantial risk of conflicting decisions which potentially threaten a decline in tribal authority.”
• \An assumption of state court jurisdiction over Indian child custody disputes poses a substantial risk of conflicting decisions which potentially threaten a decline in tribal authority.\
• “[W]e do not believe that state courts should, in a case of this nature, automatically assume jurisdiction. That a state court may assume jurisdiction in a case of this nature is not to say that it should.”

Source: CourtListener parenthetical corpus (CC0).