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K.E. v. STATE

No. 950297-CA.

912 P.2d 1002 (1996)

State of Utah, in the interest of S.A.E. and K.L.E., persons under eighteen years of age. K.E., Appellant, v. STATE of Utah, Appellee.

Court of Appeals of Utah.

February 29, 1996.

Attorney(s) appearing for the Case

Kent E. Snider, Ogden, UT, for Appellant.

Annina M. Mitchell, Deputy Solicitor General, Karl Perry, Civil Appeals Division, Salt Lake City, UT, for appellee.

Elizabeth M. Knight, Diane Balmain, Guardian Ad Litem, Salt Lake City, Utah.

Division of Family Services, Brigham City, UT, Guardian Ad Litem.

Before ORME, JACKSON, and WILKINS, JJ.

JACKSON, Judge:

K.E. challenges the trial court's order terminating her parental rights to S.A.E. and K.L.E.. K.E. contends the Federal Indian Child Welfare Act, 25 U.S.C. §§ 1901-1963 (1994) (ICWA), applies to the State's petition for termination of her parental rights. The State concedes the ICWA applies and the trial court's order must be vacated. We reverse and remand.

FACTS

Following several years of involvement with K.E. and her children...

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