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IN RE WELFARE OF CHILDREN OF R.A.J.

No. A09-0140.

769 N.W.2d 297 (2009)

In the Matter of the WELFARE OF the CHILDREN OF R.A.J., D.W.A., and L.L.F., Parents.

Court of Appeals of Minnesota.

July 21, 2009.

Attorney(s) appearing for the Case

Frank Bibeau, Laura Vedder, Rebecca McConkey, Leech Lake Band of Ojibwe, Cass Lake, MN, B. Tammy Swanson, Phyllis Tousey, Swanson, Drobnick & Tousey, P.C., Woodbury, MN, for appellant Leech Lake Band of Ojibwe.

Thomas B. Hatch, Kate E. Jaycox, Lauren E. Schrero, Robins, Kaplan, Miller & Ciresi L.L.P., Mark D. Fiddler, Fiddler Law Office, P.A., Minneapolis, MN, for respondent guardian ad litem Courtney Haskins.

Tim Faver, Beltrami County Attorney, Annie Claesson-Huseby, Chief Assistant County Attorney, Bemidji, MN, for respondent Beltrami County.

Donald Kirchner, Kirchner Law Firm, PLLC, Laurie Ann Robinson, Bemidji, MN, for respondent R.A.J.

Margaret Dow, Bemidji, MN, for respondent D.W.A.

Scott Collins, Bagley, MN, for respondent L.L.F.

Considered and decided by KALITOWSKI, Presiding Judge; KLAPHAKE, Judge; and HUDSON, Judge.

OPINION

KALITOWSKI, Judge.

Appellant Leech Lake Band of Ojibwe (the band) challenges the district court's jurisdiction to vacate an order transferring a child-welfare proceeding from the district court to the Leech Lake Tribal Court (the tribal court), after the district court determined that the transfer was procured through misrepresentations. The band argues that under the Indian Child Welfare Act (ICWA...

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