MATTER OF ADOPTION OF T.A.W.

No. 92127-0.

383 P.3d 492 (2016)

In the MATTER OF the ADOPTION OF T.A.W., R.B. and C.B., Petitioners, v. C.W., Respondent.

Supreme Court of Washington, EN BANC.

Filed October 27, 2016.


Attorney(s) appearing for the Case

William Robin Penoyar , Attorney at Law, P.O. Box 425, South Bend, WA, 98586-0425, Mark David Fiddler , Attorney at Law, 6800 France Ave. S., Ste. 190, Minneapolis, MN, 55435, for Petitioners.

Casey Grannis , Nielsen Broman & Koch, PLLC, 1908 E. Madison St., Seattle, WA, 98122-2842, for Respondent.

Alan C. Baker , Risley Law Office, PLLC, 1443 Idaho St., P.O. Box 1247, Lewiston, ID, 83501-2558, Aditya Dynar , 500 East Coronado Road, Phoenix, AZ, 85004, as Amicus Curiae on behalf of Goldwater Institute.

Timothy Alan Rybka , Attorney at Law, P.O. Box 2733, Ferndale, WA, 98248-2733, as Amicus Curiae on behalf of Shoalwater Bay Indian Tribe.

Craig Jones Dorsay , Dorsay & Easton LLP, 1 S.W. Columbia St., Ste. 440, Portland, OR, 97258-2005, as Amicus Curiae on behalf of Samish Indian Nation.

Mark Marston Demaray , Law Offices of Mark M. Demaray Inc. PS, 145 3rd Ave. S., Ste. 201, Edmonds, WA, 98020-3593, as Amicus Curiae on behalf of American Academy of Adoption Attorneys.


¶ 1 T.A.W. is an "Indian child" under the federal Indian Child Welfare Act of 1978 (ICWA), 25 U.S.C. §§ 1901-1963, as well as the Washington State Indian Child Welfare Act (WICWA), chapter 13.38 RCW. T.A.W.'s biological father, C.W. is non-Indian,1 and T.A.W.'s mother, C.B., is Indian and...

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