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STATE EX REL. CYFD v. DOUGLAS B.

No. S-1-SC-39139.

539 P.3d 294 (2023)

2023-NMSC-028

STATE of New Mexico EX REL. CHILDREN, YOUTH & FAMILIES DEPARTMENT, Petitioner-Respondent/Cross-Petitioner, v. DOUGLAS B., Respondent-Petitioner/Cross-Respondent, and Sara E., Respondent-Cross Respondent/Cross-Petitioner. In the Matter of Abigail B., Child.

Supreme Court of New Mexico.

Filing Date: September 25, 2023.

Attorney(s) appearing for the Case

Mary McQueeney , Chief Children's Court Attorney, Robert Retherford , Children's Court Attorney, Santa Fe, NM, for Petitioner-Respondent/Cross-Petitioner.

Law Offices of Nancy L. Simmons, P.C., Nancy L. Simmons , Albuquerque, NM, for Respondent-Petitioner/Cross-Respondent.

Susan C. Baker , El Prado, NM, for Respondent-Cross Respondent/Cross-Petitioner.

OPINION

{1} The Indian Child Welfare Act of 1978 (ICWA), 25 U.S.C. §§ 1901-1963, places procedural safeguards on removal of Indian children from Indian families. See 25 U.S.C. §§ 1902, 1911. One such safeguard is a requirement that a Qualified Expert Witness (QEW) testify and that...

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