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IN RE MAHANEY

No. 71022-8.

51 P.3d 776 (2002)

146 Wash.2d 878

In the Interest of Natasha MAHANEY and Jesse Mahaney, minors, Erika Mahaney, Petitioner, v. Mark S. Mahaney and Rebecca Johnston, Respondents.

Supreme Court of Washington, En Banc.

Decided July 25, 2002.

Attorney(s) appearing for the Case

Patricia Novotny, Seattle, for Petitioner.

Jennifer Dewald, Portland, for Respondents.

Pamela Gideon, Amicus curiae on behalf of Central Council of Tlingit and Haida Indian Tribes.

IRELAND, J.

Petitioner Erika Mahaney, the non-Indian grandmother of two Indian children who have resided with her since 1992, seeks review of a Court of Appeals' decision which reversed her nonparent custody award under chapter 26.10 RCW, finding that the Indian Child Welfare Act of 1978 (ICWA), 25 U.S.C. §§ 1901-1963, requires a showing of present unfitness to continue placement out of the parent's home and that...

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