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H.J.B. v. PEOPLE IN INTEREST OF A-J.A.B.

Supreme Court Case No. 22SC670.

535 P.3d 67 (2023)

2023 CO 48

H.J.B., Petitioner, v. The PEOPLE of the State of Colorado, Respondent, IN the INTEREST OF A-J.A.B., Minor Child.

Supreme Court of Colorado.

September 11, 2023.

Attorney(s) appearing for the Case

Attorneys for Petitioner: The Morgan Law Office, Kristofr P. Morgan , Colorado Springs, Colorado.

Attorneys for Respondent: Adams County Attorney's Office, Katherine Gregg , Deputy County Attorney, Westminster, Colorado.

Attorney for Minor Child: Josi McCauley , guardian ad litem, Superior, Colorado.

Attorney for Amicus Curiae Colorado Office of Respondent Parents' Counsel: Zaven T. Saroyan , Denver, Colorado.

Attorneys for Amici Curiae Southern Ute Indian Tribe and Ute Mountain Ute Tribe: David C. Smith , Lorelyn Hall , James Washinawatok II , Ignacio, Colorado, Peter Ortego , Towaoc, Colorado.

CHIEF JUSTICE BOATRIGHT, JUSTICE MARQUEZ, JUSTICE HOOD, III, JUSTICE GABRIEL, JUSTICE HART, and JUSTICE SAMOUR, Jr. joined.

¶1 The federal Indian Child Welfare Act ("ICWA") was enacted in 1978 amidst a rising crisis in Indian Country: Abusive child welfare practices resulted in up to a third of all Indian children being forcibly removed from their homes and sent off-reservation to

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