Tribe wins custody of foster siblings
No charges have been filed in Sept. 24 death
Nicole Paseka
The Oglala Sioux Tribe of South Dakota successfully petitioned the state of Nebraska on Tuesday to attain custody of the five biological children of Nathaniel Saunsoci-Mitchell's final foster mother.
The children were the foster siblings of 20-month-old Nathaniel, who died Sept. 24 due to severe head trauma and other injuries he acquired while living with this family in South Sioux City.
It is not known if the five children will be immediately returned to their biological mother -- Nathaniel's foster mother at the time of his death.
An earlier attempt by the Oglala Sioux to have the children's cases moved failed because the tribe did not have an attorney licensed to practice in Nebraska present at the hearing, Dakota County Attorney Ed Matney said on Wednesday.
The children range from age 6 to age 15, Matney said. Since their cases were transferred to the Oglala Sioux Tribe, their state cases were dismissed.
At the time of his death, Nathaniel was a ward of the Omaha Tribe of Nebraska, not the Nebraska Department of Health and Human Services or the Iowa Department of Human Services. Nathaniel's biological parents are Jacki Saunsoci and Nathan Mitchell, both members of the Omaha Tribe.
Following Nathaniel's death, his foster parents moved to the Pine Ridge Indian Reservation in the southwest corner of South Dakota. The foster mother is Oglala Sioux; the foster father is Mexican-American.
The children were declared temporary wards of the state of Nebraska after they were removed from their parents' home the night Nathaniel suffered his fatal injuries. The Oglala Sioux petitioned to have the five siblings returned to the tribe through the federal Indian Child Welfare Act.
The Indian Child Welfare Act was created in 1978 to keep American Indian children with American Indian families. During the 1970s and previously, many American Indian children were adopted by whites, destroying family bonds and cultural roots. Activists argued that the high number of non-native adoptions would result in cultural genocide.
Under the Indian Child Welfare Act, an Indian child removed from his or her home should be placed with extended family, a member of the tribe or an American Indian foster home -- in that respective order.
Matney said he did not know if the five biological children would be returned to their parents or placed in another tribal home.
"That's going to be left up to the tribe," Matney said.
The family's oldest child, a son, will remain a ward of the state of Nebraska because of previous juvenile delinquency.
"Because of that existing case, that child already is a state ward and so he will remain a state ward," Matney said.
Dana Hanna, the attorney who represented the Oglala Sioux Tribe, was not available for comment on Wednesday.
Nathaniel's family expressed frustration and grief that no one has been charged in the toddler's death, which was immediately determined to be "not from natural causes."
The Journal has decided not to publish the names of the foster parents unless criminal charges are brought against them. At this time, no charges in connection with Nathaniel's death have been filed against the foster father, the foster mother or any of the children.
Matney has been waiting for final reports from the agencies investigating Nathaniel's death. The South Sioux City Police and Nebraska State Patrol worked together on the investigation.
Matney said he received "some reports" on Tuesday but declined to give specifics. He chose not to comment on whether criminal charges in Nathaniel's death will be filed this week.
Journal staff writer Nicole Paseka can be reached at 712-293-4276 or nicolepaseka@siouxcityjournal.com.