NELSON v. HUNTER

93-10-295DO; CA A83507.

888 P.2d 124 (1995)

132 Or.App. 361

In the Matter of Heather Susanne Hunter and Lindsey Kristine Hunter. Cynthia NELSON and Kevin Nelson, Respondents, v. Marlin HUNTER and Tuolumne Band of Me-Wuk Indians, Appellants.

Court of Appeals of Oregon.

Decided January 4, 1995.


Attorney(s) appearing for the Case

Daniel L. Cronin, John Day, argued the cause and filed the briefs for appellant Marlin Hunter.

Barbara L. Creel, Portland, argued the cause and filed the brief for appellant Tuolumne Band of Me-Wuk Indians.

David B. Hydes, Canyon City, argued the cause and filed the brief for respondents.

Before DEITS, P.J., and RIGGS and HASELTON, JJ.


HASELTON, Judge.

Marlin Hunter (Hunter) and the Tuolumne Band of Me-Wuk Indians (Tribe) seek reversal of the trial court's judgment granting Kevin Nelson's adoption of Hunter's two daughters, thereby terminating Hunter's parental rights. The trial court held that the Indian Child Welfare Act of 1978 (ICWA), 25 U.S.C. § 1901 et seq., did not apply because Hunter was not a member of the Tribe at the time of the...

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