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GILA RIVER INDIAN COMMUNITY v. DCS

No. CV-16-0220-PR.

395 P.3d 286 (2017)

GILA RIVER INDIAN COMMUNITY, Appellant, v. DEPARTMENT OF CHILD SAFETY, Sarah H., Jeremy H., A.D., Appellees.

Supreme Court of Arizona.

Filed June 13, 2017.

Attorney(s) appearing for the Case

Linus Everling , Thomas L. Murphy (argued), Gila River Indian Community Office of General Counsel, Sacaton; and April E. Olson , Rothstein, Donatelli, Hughes, Dahlstrom & Schoenburg, LLP, Tempe, Attorneys for Gila River Indian Community

James Manley , Aditya Dynar (argued), Scharf-Norton Center for Constitutional Litigation at the Goldwater Institute, Phoenix, Attorneys for Sarah and Jeremy H.

Amanda Lomayesva , Tamara Walters , Frederick Lomayesva , Office of the Attorney General Pascua Yaqui Tribe, Tucson, Attorneys for Amicus Curiae Pascua Yaqui Tribe, Salt River Pima Maricopa Indian Community, Navajo Nation, Cherokee Nation, and the Native American Bar Association of Arizona.

Bruce F. Peterson , Maricopa County Office of the Legal Advocate, Tiffany Mastin , Deputy Legal Advocate, Phoenix, Guardian ad Litem for the Minor Child.

CHIEF JUSTICE BALES authored the opinion of the Court, in which VICE CHIEF JUSTICE PELANDER and JUSTICES BRUTINEL, TIMMER, GOULD, and LOPEZ and JUDGE VÁSQUEZ joined.

¶ 1 This case concerns the transfer of child custody proceedings from state to tribal court under 25 U.S.C. § 1911(b) of the Indian Child Welfare Act ("ICWA"). We hold that § 1911(b) addresses transfer only of foster care placement and termination-of-parental-rights actions. Although §...

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