B.H. v. PEOPLE EX REL. X.H.

No. 05SC686.

138 P.3d 299 (2006)

B.H., Petitioner v. The PEOPLE of the State of Colorado, In the Interest of X.H., a child, Respondent.

Supreme Court of Colorado, En Banc.

June 26, 2006.


Attorney(s) appearing for the Case

Davide C. Migliaccio, Colorado Springs, Colorado, Attorney for Petitioner.

William Louis, El Paso County Attorney, Laura C. Rhyne, Deputy County Attorney, Colorado Springs, Colorado, Attorneys for Respondent.

Jill E. Tompkins, Boulder, Colorado, Attorney for Amicus Curiae American Indian Law Clinic, Colorado Indian Bar Association, and American Indian Law Center.

John W. Suthers, Attorney General, Mark N. McMullen, Assistant Attorney General, Denver, Colorado, Attorneys for Amicus Curiae Attorney General of the State of Colorado.


Justice COATS delivered the Opinion of the Court.

B.H., the natural mother of X.H., sought review of the court of appeals unpublished opinion affirming the district court's order terminating the parent-child relationship. The district court proceeded to trial and granted the state's motion to terminate parental rights, despite notice never having been given to any Indian tribe or the Bureau of Indian Affairs that X.H. might be an Indian child within the meaning of...

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