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IN RE D.D., JR.

No. 3-08-0442.

897 N.E.2d 917 (2008)

In re D.D., JR.; S.D.; and C.D., Minors (The People of the State of Illinois, Petitioner-Appellee, v. D.D., Sr., and A.D., Respondents-Appellants).

Appellate Court of Illinois, Third District.

November 5, 2008.

Attorney(s) appearing for the Case

Stephen B. Morris, Attorney At Law, Hamilton, Thomas Hartzell, Hartzell, Glidden, Tucker & Hartzell, Carthage, IL, for Appellant.

Terry A. Mertel, Deputy Director State's Attorneys Appellate Prosecutor, Ottawa, Jim Drozdz, State's Attorney, Carthage, Richard T. Leonard, State's Attorneys Appellate Prosecutor, Ottawa, IL, for Appellee.

Justice LYTTON delivered the Opinion of the court:

Respondent D.D., Sr., is the father of the minors at issue in this case, and respondent A.D. is the mother. The trial court found both respondents unfit to care for their minor children and terminated their parental rights. The minors met the definition of "Indian Child[ren]" under the federal Indian Child Welfare Act (ICWA); thus, the ICWA governed this case. On appeal, the respondents argue that the State did not...

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