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IN RE ADOPTION OF C.D.

No. 20070171.

751 N.W.2d 236 (2008)

2008 ND 128

In the Matter of the ADOPTION OF C.D. K.D., Petitioner and Appellant v. M.L., Respondent and Appellee and Oglala Sioux Tribe, Intervenor and Appellee.

Supreme Court of North Dakota.

June 26, 2008.

Attorney(s) appearing for the Case

Paul R. Sanderson, Zuger, Kirmis & Smith, Bismarck, N.D., for petitioner and appellant.

Bradley D. Peterson (appeared), Bismarck, N.D., for respondent and appellee.

B.J. Jones, Grand Forks, N.D., for intervenor and appellee.

VANDE WALLE, Chief Justice.

[¶ 1] K.D. ("Karen") appealed from a district court judgment dismissing her petition to terminate the parental rights of M.L. ("Mary"). We reverse and remand, concluding the district court erred in determining that the Indian Child Welfare Act ("ICWA"), 25 U.S.C. §§ 1901-1963, applied in this case.

I

[¶ 2] Mary and E.D. ("Edward") are the biological parents of C.D. ("Chad"), who was born in 1993. Karen...

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