In a 45-page ruling, Chief Judge Jeffrey L. Viken wrote that "Indian children, parents and tribes deserve better," agreed with all seven of the ACLU's claims, and ordered the state to:
- Provide parents with adequate notice prior to emergency removal hearings
- Allow parents to testify at those hearings and present evidence
- Appoint attorneys to assist parents in these removal proceedings
- Allow parents to cross-examine the state’s witnesses in the hearings
- Require state courts to base their decisions on evidence presented during these hearings.