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IN RE A.G.

No. 04-357.

109 P.3d 756 (2005)

2005 MT 81

326 Mont. 403

In re the Matter of A.G., W.G., T.A., J.A., Youths in Need of Care.

Supreme Court of Montana.

Decided March 30, 2005.

Attorney(s) appearing for the Case

For Appellant Mother: Paulette C. Ferguson, Attorney at Law, Missoula, Montana.

For Respondent Guardian Ad Litem: Heather M. Latino, Paoli & Shea, P.C., Missoula, Montana.

For Respondent State of Montana: Hon. Mike McGrath, Attorney General; Ilka Becker, Assistant Attorney General, Helena, Montana, Shaun Donovan, Mineral County Attorney, Superior, Montana.

Justice BRIAN MORRIS delivered the Opinion of the Court.

¶ 1 Appellant D.M.G., a Chippewa Indian, appeals from the decision of the Fourth Judicial District Court, Mineral County, terminating her parental rights to A.G., W.G., T.A., and J.A. We reverse and remand.

¶ 2 We must decide whether the District Court erred in determining that A.G., W.G., T.A., and J.A. were not "Indian children" pursuant to the Indian Child Welfare Act (ICWA) before it terminated...

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