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MATTER OF BABY BOY DOE

No. 21723.

902 P.2d 477 (1995)

127 Idaho 452

In the Matter of BABY BOY DOE, A Minor Child. Joe and Jane DOE, Petitioners-Respondents-Respondents on Appeal, v. John ROE and Mary Roe, Respondents-Respondents-Respondents on Appeal, and Indian Tribe, Intervenor-Appellant-Appellant on Appeal.

Supreme Court of Idaho, Boise, March 1995 Term.

August 25, 1995.

Attorney(s) appearing for the Case

Idaho Legal Aid Services, Inc., Lewiston, Robert J. McCarthy; Idaho Legal Aid Services, Inc., Boise, Howard A. Belodoff, for appellant Tribe.

Underwood & Steele, Carolyn S. Steele, Boise, for respondents Joe and Jane Doe.

Ronald J. Wilper, Caldwell, for Baby Boy Doe.

Van G. Bishop, Nampa, for respondent John Roe.

Richard L. Harris, Caldwell, for respondent Mary Roe.

SILAK, Justice.

This case concerns the application of the child custody proceedings of the federal Indian Child Welfare Act ("ICWA"), 25 U.S.C. §§ 1901-1923 (1988), to the termination of the parental rights of an Indian father and the adoption of his child by a non-Indian couple.

I.

BACKGROUND AND PRIOR PROCEEDINGS

The child in this case was born in 1989. The mother is a non-Indian and never married the child's father. Shortly...

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