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DHS v. THREE AFFILIATED TRIBES

J06073, J06096; Petition Numbers J0607301, J0609601; A143921.

238 P.3d 40 (2010)

236 Or. App. 535

In the Matter of K.R.C. and I.A.C., Children. DEPARTMENT OF HUMAN SERVICES, Petitioner-Respondent, and K.R.C., I.A.C., C.R., and D.R., Respondents, v. THREE AFFILIATED TRIBES OF FORT BERTHOLD RESERVATION, Appellant.

Court of Appeals of Oregon.

Decided August 11, 2010.

Attorney(s) appearing for the Case

Lea Ann Easton, Portland, argued the cause for appellant. With her on the brief was Dorsay & Easton LLP.

Leigh A. Salmon, Assistant Attorney General, argued the cause for respondent Department of Human Services. With her on the brief were John R. Kroger, Attorney General, and Jerome Lidz, Solicitor General.

Megan L. Jacquot argued the cause and filed the brief for respondents K.R.C. and I.A.C.

No appearance for respondents C.R. and D.R.

Before HASELTON, Presiding Judge, and ARMSTRONG, Judge, and DUNCAN, Judge.

HASELTON, P.J.

The Three Affiliated Tribes of Fort Berthold Reservation (the tribes) appeal a judgment in which the trial court concluded that "good cause" under the Indian Child Welfare Act (ICWA) existed to designate the adoptive placement for two Indian children as the home of their current foster parents rather than the home designated by the tribes. On appeal, the legal issue is whether "good cause" exists to depart from ICWA's placement preferences. 25 U.S.C...

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