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IN RE T.S.W.

No. 104,424.

276 P.3d 133 (2012)

In the Matter of T.S.W., a Minor.

Supreme Court of Kansas.

May 4, 2012.

Attorney(s) appearing for the Case

N. Cheryl Hamby , assistant attorney general, of Tahlequah, Oklahoma, argued the cause, and Anita Settle Kemp , of Wichita, was with her on the briefs for appellant/intervenor Cherokee Nation.

Richard A. Macias , of Wichita, argued the cause and was on the brief for appellee/Adoption Centre of Kansas, Inc.

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

Cherokee Nation, Intervenor, challenges the district court's decision under the Indian Child Welfare Act (ICWA), 25 U.S.C. § 1901 et seq. (2001), to deviate from ICWA's placement preferences, see 25 U.S.C. § 1915(a) (2001), based upon the biological non-Indian mother's preference that her child be placed with a non-Indian family. Because we conclude that...

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