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STATE IN INTEREST OF L.L.

No. 20170659-CA

454 P.3d 51 (2019)

2019 UT App 134

STATE of Utah, IN the INTEREST OF L.L., a Person Under Eighteen Years of Age. Guardian Ad Litem, Appellant, v. State of Utah, B.W., S.L., and Ute Mountain Ute Tribe, Appellees.

Court of Appeals of Utah.

Petition for Rehearing Denied August 26, 2019

Attorney(s) appearing for the Case

Martha Pierce , Salt Lake City, Attorney for Appellant

Sean D. Reyes , Carol L.C. Verdoia , and John M. Peterson , Salt Lake City, Attorneys for Appellee State of Utah

Emily Adams and April Erin Bradley , Attorneys for Appellee B.W.

Jeffry K. Ross , Attorney for Appellee S.L.

Mark A. Flores , Attorney for Appellee Ute Mountain Ute Tribe

Judge Michele M. Christiansen Forster authored this Opinion, in which Judges David N. Mortensen and Ryan M. Harris concurred.

Opinion

¶1 Federal law requires that before a court can remove an Indian child from a parent's custody, a "qualified expert witness" must provide evidence that the "continued custody of the child by the parent ... is likely to result in serious emotional or physical damage to the child." 25 U.S.C. §...

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