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CUTRIGHT v. STATE

No. CA 06-49.

244 S.W.3d 702 (2006)

Bonnie CUTRIGHT, Appellant, v. STATE of Arkansas and Tohono O'odham Nation, Appellees.

Court of Appeals of Arkansas.

Rehearing Denied January 17, 2007.

Attorney(s) appearing for the Case

Jeanette Stephens Heimbaugh, P.A., by: Jeanette Stephens Heimbaugh, Conway, AR, for appellant.

H.G. Foster, Prosecuting Attorney, 20th Judicial Circuit, by: C.J. Acklin, Marshall, AR, for appellee State of Arkansas.

Katherine Blackmon-Solis, Little Rock, AR, for appellees Patrick Swartz and Virginia Swartz. Tohono O`odham Nation-Office of Attorney General, by: Samuel F. Daughety, Ass't Att'y Gen., Sells, AZ, for appellee Tohono O`odham Nation.

ROBERT J. GLADWIN, Judge.

Appellant Bonnie Cutright appeals from the Van Buren County Circuit Court's decision granting custody of Alexia and Andria Sanders to Patrick and Virginia Swartz. On appeal, she argues that the circuit court erred by not following the preferential placement guidelines of the Indian Child Welfare Act of 1978 (hereinafter "ICWA") codified at 25 U.S.C. §§ 1901-1963. Because the circuit court failed to determine that there was good...

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