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TOHONO O'ODHAM NATION v. FRIDLUND-HORNE

No. 1 CA-SA 22-0076.

517 P.3d 58 (2022)

TOHONO O'ODHAM NATION, Petitioner, v. The Honorable Elaine FRIDLUND-HORNE, Judge of the Superior Court of the State of Arizona, IN AND FOR the COUNTY OF COCONINO, Respondent Judge, S.Q., Real Party in Interest.

Court of Appeals of Arizona, Division 1.

Filed September 15, 2022.

Attorney(s) appearing for the Case

Tohono O'odham Nation Office of Attorney General, Sells, By Howard M. Shanker , Hue T. Le , Counsel for Petitioner.

McCarthy Weston, PLLC, Flagstaff, By Phillip (Jay) McCarthy Jr. , Counsel for Real Party in Interest.

Judge D. Steven Williams delivered the opinion of the court, in which Presiding Judge Cynthia J. Bailey and Chief Judge Kent E. Cattani joined.

OPINION

¶1 In this special action, we examine whether an Indian tribe has a right to notice or intervention in a voluntary parental termination proceeding involving an Indian child. Because A.R.S. § 8-535 requires notice to the tribe of any Indian child involved in parental termination proceedings, without...

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