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J.P.H. v. FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES

Nos. 1D10-1725, 1D10-1924.

39 So.3d 560 (2010)

J.P.H., Natural Father of J.H.H. and J.H., Appellant, v. FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES, Appellee, J.H. (aka J.P.), Mother of J.H.H. and J.H., minor children, Appellant, v. Department of Children and Families, Appellee.

District Court of Appeal of Florida, First District.

July 23, 2010.

Attorney(s) appearing for the Case

W.R. Garrett, Panama City, for Appellant J.P.H.; Crystal McBee Frusciante, Civil Appellate Regional Counsel, Office of Criminal Conflict and Civil Regional Counsel, Region One, Jupiter, for Appellant J.H.

Lori Lee Fehr, Appellate Counsel, Department of Children and Families, Pensacola, for appellee; Kelley Schaeffer, Appellate Counsel, Guardian ad Litem Program, Tavares, for Guardian ad Litem Program.

PER CURIAM.

We sua sponte consolidate for disposition these appeals of an order terminating appellants' parental rights. Appellees forthrightly concede that because the proceedings involved Indian children within the meaning of the Indian Child Welfare Act, 25 U.S.C. § 1912, et seq., the trial court erred in not applying the standards and requirements of the Act. Most notably the trial court did not apply 25 U.S.C. § 1912(f), which requires that any...

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