GUARDIAN AD LITEM v. STATE EX REL. C.D.

No. 20090052.

245 P.3d 724 (2010)

2010 UT 66

GUARDIAN AD LITEM, Petitioner and Cross-Respondent, v. STATE of Utah, in the interest of C.D., A.D., J.T. and S.T., persons under eighteen years of age, Respondent and Cross-Respondent, v. A.D.T. and L.D., Respondents and Cross-Petitioners.

Supreme Court of Utah.

November 19, 2010.


Attorney(s) appearing for the Case

Martha M. Pierce , Salt Lake City, for petitioner.

Mark L. Shurtleff , Att'y Gen., John M. Peterson , Carol L.C. Verdoia , Asst. Att'ys Gen., Salt Lake City, Joyce G. Smith , Blanding, William L. Schultz , Moab, Gregory Thornock , Lake Stevens, WA, Garvin Alfonso Hamilton , Baldwin Park, CA, for respondents.


On Certiorari to the Utah Court of Appeals

PARRISH, Justice:

INTRODUCTION

¶ 1 This case involves the State of Utah, Division of Child and Family Services' removal of Indian children from their Grandfather's custody and presents issues regarding the interpretation of the Indian Child Welfare Act (the "ICWA"). 25 U.S.C. §§ 1901-1963 (2006). We granted certiorari to determine whether the Utah Court of Appeals erred when it (1) determined...

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