GILA RIVER INDIAN COM. v. CHILD SAFETY

No. 1 CA-JV 16-0038.

379 P.3d 1016 (2016)

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

Court of Appeals of Arizona, Division 1.

FILED August 11, 2016.


Attorney(s) appearing for the Case

Office of General Counsel for the Gila River Indian Community, Sacaton, By Linus Everling , Thomas L. Murphy , Mandy Cisneros , Co-Counsel for Appellant Gila River Indian Community.

Rothstein, Donatelli, Hughes, Dahlstrom & Schoenburg, L.L.P., Tempe, By April E. Olson , Co-Counsel for Appellant Gila River Indian Community.

Arizona Attorney General's Office, Tucson, By Dawn R. Williams , Counsel for Appellee Department of Child Safety.

Scharf-Norton Center for Constitutional Litigation at the Goldwater Institute, Phoenix, By James Manley , Aditya Dynar , Counsel for Appellees S.H. and J.H.

Office of the Legal Advocate, Phoenix, By Tiffany Mastin , Guardian ad Litem for Appellee A.D.

Office of the General Counsel for the Salt River Pima-Maricopa Indian Community, Scottsdale, By Cheryl J. Scott , Counsel for Amici Curiae Salt River Pima-Maricopa Indian Community, Cherokee Nation, and the Native American Bar Association of Arizona

Judge Lawrence F. Winthrop delivered the opinion of the Court, in which Presiding Judge Diane M. Johnsen and Judge Randall M. Howe joined.


OPINION

¶ 1 Following termination of the parental rights of the biological parents of A.D., an Indian child and eligible member of the Gila River Indian Community ("the Community"),1 the Community moved for an order transferring jurisdiction...

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