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STATE OF NM EX REL. CYFD v. MARLENE C.

No. 28,352.

212 P.3d 1142 (2009)

2009-NMCA-058

STATE of NEW MEXICO ex rel. CHILDREN, YOUTH AND FAMILIES DEPARTMENT, Petitioner-Appellee, v. MARLENE C., Respondent-Appellant, and In the Matter of Esther V., a Child.

Court of Appeals of New Mexico.

Certiorari Granted, No. 31,738, June 17, 2009.

Attorney(s) appearing for the Case

New Mexico Children, Youth and Families Department, Oneida L'Esperance, Acting Chief Children's Court Attorney, Rebecca J. Liggett, Children's Court Attorney, Santa Fe, NM, for Appellee.

Jane B. Yohalem, Santa Fe, NM, for Appellant.

OPINION

CASTILLO, Judge.

{1} Mother appeals from an adjudication of neglect. Mother is a member of the Navajo Nation, and the Indian Child Welfare Act of 1978 (ICWA), 25 U.S.C. §§ 1901-1963 (2006), applies to Child. Although the parties to this case agree that ICWA does apply, they disagree about its specific application to issues of preservation and evidentiary requirements. We hold that under the circumstances of this case, ICWA...

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