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IN RE N.B.

No. 06CA1325.

199 P.3d 16 (2007)

In the Matter of the Petition of N.B., Petitioner-Appellant and Cross-Appellee, and L.W-E., Respondent-Appellee and Cross-Appellant, and Concerning B.S.B., a Child, and Assiniboine Tribe and Sioux Tribe, Intervenors.

Colorado Court of Appeals, Div. VI.

Rehearing Denied October 11, 2007.

Attorney(s) appearing for the Case

Kevin V. Moore, Denver, Colorado, for Petitioner-Appellant and Cross-Appellee.

American Indian Law Clinic, Jill E. Tompkins, Boulder, Colorado, for Respondent-Appellee and Cross-Appellant.

Faegre & Benson, L.L.P. — Boulder, Laurence W. Demuth, III, Padraic I. McCoy, Boulder, Colorado, for Intervenors.

Holland & Hart, L.L.P., Anthony J. Navarro, Jennifer K. Harvey Weddle, Denver, Colorado, for Amicus Curiae Colorado Indian Bar Association.

Monte Mills, Ignacio, Colorado, for Amicus Curiae Southern Ute Indian Tribe.

Peter Ortego, Towaoc, Colorado, for Amicus Curiae Ute Mountain Ute Tribe.

Opinion by Judge WEBB.

In this stepparent adoption proceeding, N.B. (stepmother) appeals the order dismissing her petition to adopt B.S.B. (the child), who is an Indian child. We agree with the trial court that her petition fails because she did not prove that active efforts were made to prevent the breakup of the Indian family, a requirement to terminate parental rights under the Indian Child Welfare Act of 1978, 25 U.S.C. §§ 1901 to 1963 (2001)(ICWA)....

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