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IN RE NICOLE B.

No. 73, September Term, 2007.

976 A.2d 1039 (2009)

410 Md. 33

In re NICOLE B. and Max B.

Court of Appeals of Maryland.

July 28, 2009.

Attorney(s) appearing for the Case

Kathleen E. Wherthey, Asst. Atty. Gen. (Douglas F. Gansler, Atty. Gen. of Maryland, Baltimore), on brief, for petitioners.

Robert S. Bokman, Rockville, for petitioners.

Michael R. Braudes, Asst. Public Defender (Nancy S. Forster, Public Defender and Nenutzka C. Villamar, Asst. Public Defender, Baltimore), on brief, for respondent.

Lisa F. Cook, Rapid City, SD, brief of Intervenor Yankton Sioux Tribe of South Dakota amicus curiae, for Intervenor Yankton Sioux Tribe.

Raymond Cournoyer, Director, Indian Child Welfare Program, Marty, SD, brief of Intervenor Yankton Sioux Tribe of South Dakota amicus curiae, for ICWA Program, Yankton Sioux Tribe.

Argued before BELL, C.J., RAKER, HARRELL, BATTAGLIA, GREENE, JOHN C. ELDRIDGE (Retired, Specially Assigned) DALE R. CATHELL (Retired, Specially Assigned), JJ.

JOHN C. ELDRIDGE, J., Retired, Specially Assigned.

This Child in Need of Assistance ("CINA") case concerns a requirement in the federal "Indian Child Welfare Act of 1978," 25 U.S.C. § 1912(d), which provides as follows (emphasis added):

"Any party seeking to effect a foster care placement of, or termination of parental rights to, an Indian child under State law shall satisfy the court that active efforts have been made to provide remedial services...

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