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IN RE T.S.

No. 111344. Released for Publication by Order of the Court of Civil Appeals of Oklahoma, Division No. 3.

315 P.3d 1030 (2013)

2013 OK CIV APP 108

In the Matter of T.S; K.S.; D.S.; K.S. and L.S., Alleged Deprived Children: Brian Smith, Appellant, v. State of Oklahoma, Appellee, and Cherokee Nation, Intervenor.

Court of Civil Appeals of Oklahoma, Division No. 3.

As Corrected January 8, 2014.

Attorney(s) appearing for the Case

Georgia R. Manley , Grove, Oklahoma, for Appellant.

Eddie Wyant , District Attorney, Rogers S. Hughes , Assistant District Attorney, Jay, Oklahoma, for Appellee.

Christianna Lincoln Wright , Jay, Oklahoma, for Minor Children.

WM. C. HETHERINGTON, Jr., Presiding Judge.

¶ 1 Appellant Brian Smith (Father) appeals the order adjudicating T.S., K.S., D.S., K.S., and L.S., to be deprived children. Based on our interpretation of the Indian Child Welfare Act, 25 U.S.C.A. § 1901 et seq. (ICWA), and the Oklahoma Indian Child Welfare Act, 10 O.S.2011 § 40.1 et seq. (OICWA), we AFFIRM.

FACTS AND PROCEDURAL BACKGROUND

¶ 2 The five children,...

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