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NIELSON v. KETCHUM

Nos. 09-4113, 09-4129.

640 F.3d 1117 (2011)

Britney Jane Little Dove NIELSON, Petitioner-Appellee, v. Sunny KETCHUM; Joshua Ketchum, Respondents-Appellants, Cherokee Nation, Intervenor-Appellee.

United States Court of Appeals, Tenth Circuit.

April 5, 2011.

Attorney(s) appearing for the Case

James B. Hanks of Hanks & Mortensen, P.C., Salt Lake City, UT, for Respondents-Appellants.

Taralyn A. Jones ( Calvin M. Hatch with her on the brief) of Tsosie & Hatch, LLC, West Jordan, UT, for Petitioner-Appellee.

Chrissi R. Nimmo , Assistant Attorney General, Cherokee Nation, Tahlequah, OK, for Intervenor-Appellee.

Before HARTZ, TACHA, and EBEL, Circuit Judges.

EBEL, Circuit Judge.

This case concerns the application of the Indian Child Welfare Act (ICWA), 25 U.S.C. § § 1901-1963, which, among other things, imposes a period of ten days before a parent can consent to the termination of her parenting rights over an "Indian child." The day after giving birth to C.D.K., Petitioner-Appellee Britney Jane Little Dove Nielson appeared in state court in Utah to relinquish her parenting rights and consent to the adoption...

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