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IN RE A.A.

No. 98,835.

176 P.3d 237 (2008)

In the Interest of A.A.

Court of Appeals of Kansas.

February 8, 2008.

Attorney(s) appearing for the Case

Kent A. Roth, of Roth Law Office, of Ellinwood, for appellant natural father.

Joel B. Jackson, of Great Bend, for appellant natural mother.

Julie A. Carroll, assistant county attorney, Douglas A. Matthews, county attorney, Jane Isern, guardian ad litem, and Paul J. Morrison, attorney general, for appellee.

Before MARQUARDT, P.J., GREEN and LEBEN, JJ.

LEBEN, J.

After A.A., a 10-year-old girl, was allegedly raped by her 15-year-old brother, H.A., she was declared a child in need of care and taken into protective custody. Eventually, the parental rights of Harold and Vickie A. to A.A. were terminated. Harold and Vickie have appealed, raising three claims.

First, they claim that the Revised Kansas Code for Care of Children unconstitutionally denies equal treatment based on race because the Indian Child Welfare...

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