Frequently Asked Questions

What does the Ombudsperson for AMERICAN INDIAN Families do?
The Ombudsperson for American Indian Families investigates complaints for non-compliance of the Indian Child Welfare Act (ICWA), the Minnesota Indian Family Preservation Act (MIFPA), Tribal State Agreement, Minnesota Statutes, Court Rules and DHS Policies that involve child protection cases, including placement, public education and housing issues related to child protection that impact American Indian children and families. 

The Ombudsperson also collaborates with tribes, agencies, counties, community organizations, courts, schools, other organization and stakeholders to develop policies, rules and laws to improve outcomes for American Indian Families involved in the child protection system, as well as collaborating on prevention programs. The Ombudsperson is advised and reports to the American Indian Community-Specific Board, who are all appointed by the Minnesota Indian Affairs Council.

Does it cost anything to complain to the Ombudsperson?
There is no cost for the services of the Ombudsperson.

Does my child have to be an enrolled member of a tribe for the Ombudsperson to help?
Your child does not have to be an enrolled member of a federally recognized tribe for the Ombudsperson to help; however, if your child IS an enrolled member and/or is eligible for membership in a federally recognized tribe, then the Indian Child Welfare Act (ICWA) and the Minnesota Indian Family Preservation Act (MIFPA) and other laws would apply. The Ombudsperson for American Indian Families can assist on all child protection cases involving Native children whether they are enrolled or not.

Can the Ombudsperson provide me with legal advice?
The Ombudsperson cannot provide legal advice; however, the Ombudsperson can provide information and resources.

Can the Ombudsperson help if my case is in tribal court?
The Ombudsperson cannot assist if the case is in tribal court.

Can the Ombudsperson help if my case is not in Minnesota?
The Ombudsperson cannot assist if the case is not filed in a Minnesota County Court. Minnesota has 87 counties.

As a grandparent, I want to file for third-party custody of my grandchild in Family Court. Can the Ombudsperson help if the case is in Family Court?
The Indian Child Welfare Act (ICWA) and the Minnesota Indian Family Preservation Act (MIFPA) applies in third-party custody proceedings and the Ombudsperson can monitor the case to ensure that the laws are being followed. If the Family Court Custody Proceeding is between the biological parents of the child, ICWA and MIFPA do not apply, and the Ombudsperson is unable to assist.