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THOMPSON v. DEPT. OF FAMILY SERVICES

Record Nos. 2185-12-4, 2232-12-4, 2217-12-4, 2216-12-4.

747 S.E.2d 838 (2013)

62 Va. App. 350

Tyrus H. THOMPSON and Ja'Ree C. Thompson v. FAIRFAX COUNTY DEPARTMENT OF FAMILY SERVICES, Minh-Sang Nguyen, Jasmine Vanderplas and Standing Rock Sioux Tribe. Jasmine Vanderplas v. Fairfax County Department of Family Services, Minh-Sang Nguyen, Standing Rock Sioux Tribe, Tyrus H. Thompson and Ja'Ree C. Thompson. Minh-Sang Nguyen v. Fairfax County Department of Family Services. Nancy J. Martin, as Guardian Ad Litem for the Minor Child v. Fairfax County Department of Family Services, Minh-Sang Nguyen, Jasmine Vanderplas, Standing Rock Sioux Tribe, Tyrus H. Thompson and Ja'Ree C. Thompson.

Court of Appeals of Virginia, Richmond.

September 10, 2013.

Attorney(s) appearing for the Case

Dontaé L. Bugg (Bianchi & Bugg, PLLC, on briefs), for Jasmine Vanderplas.

Michael S. Arif ( Darlene R. Langley , Springfield; Arif & Associates, on briefs), for Minh-Sang Nguyen.

Nancy J. Martin , Woodbridge, Guardian ad litem for the minor child.

Constantinos DePountis ( Daniel B. Schy ; Staff Attorney, Standing Rock Sioux Tribe; Law Offices of Derek P. Richmond, on brief), for appellee Standing Rock Sioux Tribe.

Mark D. Fiddler ( Robert H. Klima , Manassas; Fiddler Law Office, P.A., on brief), for Tyrus H. Thompson and Ja'Ree C. Thompson appearing as amicus curiae.

No brief or argument for appellee Fairfax County Department of Family Services.

Present: ELDER, PETTY and McCULLOUGH, JJ.

McCULLOUGH, Judge.

The Indian Child Welfare Act (ICWA) provides, with regard to a termination of parental rights case involving an Indian child not domiciled on a reservation under 25 U.S.C. § 1911(a), that state courts "shall transfer" the case to a tribal court unless the court finds "good cause to the contrary." 25 U.S.C. § 1911(b). The trial court held that the guardian ad litem and the foster parents of B.N., an Indian child, had not established...

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