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The South Dakota Legislature passed HB 1051 during the 2006 Legislative Session with the intent to improve the process of notifying tribes in cases subject to ICWA.
Under SDCL § 26-7A-15.3, each tribe may designate an individual or agency to whom ICWA notices must be sent and to whom information regarding a temporary custody hearing should be provided. However, following intervention by a tribe, notices must be sent to the tribal representative or counsel who has appeared on behalf of the tribe pursuant to SDCL § 26-8A-33.
In order to designate an agent, the tribe must submit a Designated Tribal Agent request form along with a copy of the provision of the tribal code or tribal resolution appointing the individual or agency as the designated agent for receipt of the notices.
In order to change the address, telephone number or facsimile number for a designated agent listed below, a Designated Tribal Agent - Request for Change of Address form must be submitted.
Effective July 1, 2006, state’s attorneys must send the notices required under ICWA and SDCL Chapter 26-7A to the individual or agency whose name and address are listed below.
If a tribe has not designated an agent under SDCL § 26-7A-15.3, the notices should be sent in accordance with relevant federal regulations, 25 C.F.R. 23.12.
| Cheyenne River Sioux Tribe |
| Agency: Indian Child Welfare Program Address: PO Box 590, Eagle Butte, SD 57625 Phone: 605-964-6460 Fax: 605-964-2196 |
| Crow Creek Sioux Tribe |
Name: David A. Valandra |
| Flandreau Santee Sioux Tribe |
The Tribe has not yet provided a designated tribal agent under SDCL Chapter 26-7A, the notices should be sent in accordance with relevant federal regulations, 25 C.F.R.23.12. |
| Lower Brule Sioux Tribe |
The Tribe has not yet provided a designated tribal agent under SDCL Chapter 26-7A, the notices should be sent in accordance with relevant federal regulations, 25 C.F.R.23.12. |
| Oglala Sioux Tribe |
NOTE: Information must be sent to both contacts listed below.Name: Juanita Scherich Name: Joleen Abourezk |
| Rosebud Sioux Tribe |
The Tribe has not yet provided a designated tribal agent under SDCL Chapter 26-7A, the notices should be sent in accordance with relevant federal regulations, 25 C.F.R.23.12. |
| Sisseton-Wahpeton Oyate |
Name: Evelyn B. Pilcher |
| Standing Rock Sioux Tribe |
Name: Terrance Yellow Fat |
| Yankton Sioux Tribe |
Name: Ray Cournoyer |