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R.R. v. SUPERIOR COURT

No. C060573.

180 Cal.App.4th 185 (2009)

R.R., a Minor, etc., Petitioner, v. THE SUPERIOR COURT OF SACRAMENTO COUNTY, Respondent; THE PEOPLE, Real Party in Interest.

Court of Appeals of California, Third District.

December 17, 2009.

Attorney(s) appearing for the Case

Paulino G. Duran, Public Defender, Arthur L. Bowie and Randi Barrat, Assistant Public Defenders, for Petitioner.

No appearance for Respondent.

Edmund G. Brown, Jr., Attorney General, Michael P. Farrell, Assistant Attorney General, Charles A. French and Jeffrey D. Firestone, Deputy Attorneys General, for Real Party in Interest.

OPINION

BLEASE, Acting P. J.—

The issue presented by this petition is whether provisions of the Indian Child Welfare Act of 1978 (25 U.S.C. § 1901 et seq.) apply in juvenile delinquency proceedings where the child is at risk of entering foster care, but where a termination of parental rights is not involved.

Congress passed the Indian Child Welfare Act of 1978 (ICWA) in response to a concern over the "consequences to Indian...

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