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IN RE ESTHER V.

No. 31,738.

248 P.3d 863 (2011)

2011-NMSC-005

In the Matter of ESTHER V., a child. State of New Mexico, ex rel. Children, Youth and Families Department, Petitioner-Petitioner and Cross-Respondent, v. Marlene C., Respondent-Respondent and Cross-Petitioner.

Supreme Court of New Mexico.

January 21, 2011.

Attorney(s) appearing for the Case

New Mexico Children, Youth & Families Department, Rebecca J. Liggett , Santa Fe, NM, for Petitioner and Cross-Respondent.

Law Offices of Jane B. Yohalem, Jane B. Yohalem , Santa Fe, NM, for Respondent and Cross-Petitioner.

OPINION

DANIELS, Chief Justice.

{1} This case addresses the relationship between the Indian Child Welfare Act of 1978 (ICWA), 25 U.S.C. §§ 1901-1963 (2006), which sets "minimum Federal standards for the removal of Indian children from their families," § 1902, and the New Mexico Abuse and Neglect Act, NMSA 1978, Sections 32A-4-1 to -34 (1993, as amended through 2009), which governs the State's transfer of custody of a child in...

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