State of North Dakota and C.W.L. v. B.B. and A.T.H.

Summary

The North Dakota Supreme Court affirmed a state court judgment establishing B.B. as the father of a child and ordering him to reimburse the State for past public assistance and pay future child support. The Court held that state court jurisdiction over paternity and support did not infringe the Standing Rock Sioux Tribe’s right of self-government, because B.B. was not a member of the Tribe, did not reside on the reservation, and the relevant conduct occurred off the reservation. The Court also held that the paternity and support claims could be bifurcated from the tribal court’s custody determination.

Holdings

1. The state court had subject matter jurisdiction to adjudicate paternity and impose reimbursement and future child-support obligations; the tribal court did not have exclusive jurisdiction over those claims.
2. The custody proceeding could be bifurcated from the paternity and support claims, permitting the state court to exercise jurisdiction over the latter claims while the tribal court retained jurisdiction over custody-related matters.

Questions Presented

1. Whether the North Dakota state court had subject matter jurisdiction to adjudicate paternity and child support after the Standing Rock Sioux Tribal Court had entered a custody order.
2. Whether exercising state-court jurisdiction over paternity and support infringed the Standing Rock Sioux Tribe's right of self-government.
3. Whether the paternity and support claims could be bifurcated from the tribal-court custody proceeding.

Disposition

affirmed