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DIEGO K v. STATE, DHSS

Supreme Court No. S-16374.

411 P.3d 622 (2018)

DIEGO K. and Catharine K., Appellants, v. STATE of Alaska, DEPARTMENT OF HEALTH & SOCIAL SERVICES, OFFICE OF CHILDREN'S SERVICES, Appellee.

Supreme Court of Alaska.

February 23, 2018.

Attorney(s) appearing for the Case

Renee McFarland , Assistant Public Defender, and Quinlan Steiner , Public Defender, Anchorage, for Appellant Diego K.

William T. Montgomery , Assistant Public Advocate, Bethel, and Richard K. Allen , Public Advocate, Anchorage, for Appellant Catharine K.

Kathryn R. Vogel , Assistant Attorney General, Anchorage, and Jahna Lindemuth , Attorney General, Juneau, for Appellee.

Justin Facey , Assistant Public Advocate, and Richard K. Allen , Public Advocate, Anchorage, on behalf of minor.

Before: Stowers, Chief Justice, Winfree, Maassen, Bolger, and Carney, Justices.

OPINION

I. INTRODUCTION

Parents appeal from a superior court's order that the Office of Children's Services (OCS) had satisfied the Indian Child Welfare Act's (ICWA) requirements authorizing the removal of their daughter, an Indian child, from their custody.1 Because the court relied...

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