mark vargo is the state's attorney for pennington county, and he's one of the officials named in the class action lawsuit. he's the only person from the state who agreed to speak with us. >> so i'm a lay person and i hear a police report or a report from a social worker being admitted into these 48 hour hearings and i think: evidence. can you explain why that doesn't mean evidentiary hearing? >> the 48 hour hearing under icwa according to the state supreme court was designed to ensure that parents are on notice, that they know what's happening to them. and to make sure that they have the availability of council. it is not the place that you try the case. >> they tell us this is not an adversarial proceeding, this is something we're all just supposed to go along with. from the indian perspective, who sees this in terms of history, this is about adversarial as it gets. when the state is trying to take their children, they're just following in a historical tradition that started a long time ago. >> now for full-disclosure, i'm native from the anishinaabe nation. my dad and older relativ