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STATE v. NATHAN H.

No. 34,320.

370 P.3d 782 (2016)

2016-NMCA-043

STATE of New Mexico, ex rel. CHILDREN, YOUTH AND FAMILIES DEPARTMENT, Petitioner-Appellee, v. NATHAN H., Respondent-Appellant, Kateesha L., and In the Matter of Nyree H., Adrian H., and Deshaun H., Children.

Court of Appeals of New Mexico.

Certiorari Denied, May 3, 2016, No. S-1-SC-35712.

Attorney(s) appearing for the Case

New Mexico Children, Youth & Families Department, Charles E. Neelley , Chief Children's Court Attorney, Rebecca J. Liggett , Children's Court Attorney, Kelly P. O'Neill , Children's Court Attorney, Santa Fe, NM, for Appellee.

Law Offices of Nancy L. Simmons, PC, Nancy L. Simmons , Albuquerque, NM, for Appellant.

Native American Disability Law Center, Inc., Therese E. Yanan , Farmington, NM, Guardian ad Litem.

OPINION

{1} Father appeals from the district court's judgment terminating his parental rights due to neglect. NMSA 1978, § 32A-4-28(B)(2) (2005). On appeal, Father argues that: (1) the Indian Child Welfare Act (ICWA), 25 U.S.C. §§ 1901 to 1963 (2013) applies and therefore its substantive...

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