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MATTER OF CHARLOE

No. 47274; CA 18918.

629 P.2d 1319 (1981)

52 Or.App. 843

In the matter of Sonja Charloe, a Child. State ex rel Juvenile Department, Multnomah County, Respondent, v. DELORES M. ENGLAND, Appellant.

Court of Appeals of Oregon.

Decided June 22, 1981.

Attorney(s) appearing for the Case

Craig J. Dorsay, Portland, argued the cause for appellant. With him on the briefs were Kent B. Thurber and Oregon Legal Services Corporation, Portland.

Richard David Wasserman, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were Dave Frohnmayer, Atty. Gen., John R. McCulloch, Jr., Sol. Gen., and William F. Gary, Deputy Sol. Gen., Salem.

Before JOSEPH, C.J., and THORNTON and RICHARDSON, JJ.

JOSEPH, Chief Judge.

This case requires us to interpret the Indian Child Welfare Act: 25 U.S.C. § 1901 et seq. (ICWA). The question presented is whether petitioner is an "Indian custodian" within the meaning of 25 U.S.C. § 1903(6), which provides:

"`Indian custodian' means any Indian person who has legal custody of an Indian child under tribal law or custom or under State law, or to whom temporary physical care, custody, and control has been...

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