SER JUVENILE DEPT. v. ENGLAND

SC 27983; CA 18918.

640 P.2d 608 (1982)

292 Or. 545

IN THE MATTER OF SONJA CHARLOE, a Child. State of Oregon ex rel. Juvenile Department, Multnomah County, Respondent On Review, v. Delores M. ENGLAND, Petitioner On Review.

Supreme Court of Oregon, In Banc.

Decided February 10, 1982.


Attorney(s) appearing for the Case

Craig J. Dorsay, Portland, argued the cause and filed the brief for petitioner. With him on the brief was Kent B. Thurber, Portland.

Richard David Wasserman, Asst. Atty. Gen., 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.


CAMPBELL, Justice.

The issue in this case is whether an Indian foster parent has "legal custody" of an Indian foster child so as to come within the definition of "Indian custodian" under the federal Indian Child Welfare Act (hereinafter ICWA), 25 U.S.C. § 1901 et seq. Persons qualifying as "Indian custodians" under the ICWA are entitled to notice and certain other rights in proceedings to terminate placement. 25 U.S.C. § 1912. The Multnomah County Circuit...

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