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IN RE A.J.S.

No. 99,130.

204 P.3d 543 (2009)

In the Matter of A.J.S., A Minor Child.

Supreme Court of Kansas.

March 27, 2009.

Attorney(s) appearing for the Case

Angel R. Smith, assistant attorney general, of Cherokee Nation, of Tahlequah, Oklahoma, argued the cause, and Thomas C. McDowell, of McDowell, Chtd., of Wichita, was with her on the briefs for appellants Cherokee Nation and natural father.

Martin W. Bauer, of Martin, Pringle, Oliver, Wallace & Bauer, L.L.P., of Wichita, argued the cause and was on the brief for appellee.

The opinion of the court was delivered by BEIER, J.:

This dispute between the unmarried natural mother and natural father of A.J.S. requires us to revisit our state's adherence to the existing Indian family doctrine. The doctrine was first articulated in In re Adoption of Baby Boy L., 231 Kan. 199, 643 P.2d 168 (1982), and since then has been invoked in Kansas and elsewhere to except certain...

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