MATTER OF WELFARE OF B.W.

Nos. C4-89-1860, C3-89-1865.

454 N.W.2d 437 (1990)

In the Matter of the WELFARE OF B.W., a/k/a B.G.

Court of Appeals of Minnesota.

April 24, 1990.


Attorney(s) appearing for the Case

William R. Kennedy, Hennepin County Public Defender, Peter W. Gorman, Asst. Public Defender, Kris Kolar, Law Clerk, Minneapolis, for appellant mother.

Robert R. Biglow, Minneapolis, for appellant father.

Hubert H. Humphrey, III, Atty. Gen., St. Paul, Thomas L. Johnson, Hennepin County Atty., Greg Gibson, Asst. County Atty., Ann Goering, Law Clerk, Minneapolis, for respondent.

Gerald M.B. Chester, Minneapolis, for guardian ad litem.

Constance S. Baillie, Minneapolis Legal Aid Soc., Minneapolis, for intervenor Omaha Tribe of Nebraska.

Janet C. Werness, Susan M. Cochrane, Southern Minnesota Regional Legal Services, Inc., St. Paul, for amicus curiae St. Paul American Indian Center.

Considered and decided by LANSING, P.J., and PARKER and RANDALL, JJ.


OPINION

PARKER, Judge.

Sharon Goose and Cornelius Walker appeal the termination of their parental rights toward their son, B.W. They further appeal the trial court's refusal to transfer jurisdiction of this matter to the tribal court of the Omaha Tribe of Nebraska. They assert that the petitioner county did not meet its burden of proving, beyond a reasonable doubt, the allegations necessitating termination of parental rights as required by the ICWA. We reverse...

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