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MATTER OF MARRIAGE OF COLLINS

Nos. CV 97-1177 and CV 93-0162; A109100

35 P.3d 339 (2001)

178 Or. App. 158

In the Matter of the MARRIAGE OF John Kevin COLLINS, Respondent, and Deborah Mae Collins, Respondent, and The Ponca Tribe of Nebraska, a federally recognized Indian Tribe, Appellant, and James Smith and Mary Ann Smith, Respondents. In the Matter of the Marriage of Paul Thomas Elmer, Respondent, and Debbie Mae Elmer, Respondent Below, and John Kevin Collins, Intervenor Below.

Court of Appeals of Oregon.

Decided November 21, 2001.

Attorney(s) appearing for the Case

Brett Kenney argued the cause for appellant. With him on the briefs was Native American Program Oregon Legal Services.

Michael B. Collins, Pendleton, filed the brief for respondent John Kevin Collins. With him on the brief was Collins & Collins.

No appearance for respondents Deborah Mae Collins, James Smith, Mary Ann Smith, and Paul Thomas Elmer.

Before LANDAU, Presiding Judge, and BREWER and SCHUMAN, Judges.

LANDAU, P.J.

At issue in this dissolution case is whether the trial court erred in awarding custody of a minor child to her stepfather. The Ponca Tribe of Nebraska (Tribe) intervened in the consolidated proceedings below, arguing that the federal Indian Child Welfare Act, 25 U.S.C. § 1901 et seq., applies and requires that custody be awarded to the child's mother. The trial court held that the federal statute does not apply to dissolution proceedings....

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