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IN RE VAUGHN R.

No. 2009AP627.

770 N.W.2d 795 (2009)

2009 WI App 109

In re The Termination of Parental Rights to VAUGHN R., a Person Under the Age of 18. Monroe County Department of Human Services, Petitioner-Respondent, v. Luis R., Respondent-Appellant.

Court of Appeals of Wisconsin.

June 29, 2009.

Attorney(s) appearing for the Case

On behalf of the respondent-appellant, the cause was submitted on the briefs of Devon M. Lee, Assistant State Public Defender, Madison.

On behalf of the petitioner-respondent, the cause was submitted on the brief of Kerry Sullivan-Flock, Monroe County Corporation Counsel.

Before HIGGINBOTHAM, P.J., DYKMAN and VERGERONT, JJ.

¶ 1 VERGERONT, J.

This appeal of an order terminating Luis R.'s parental rights to Vaughn R. presents three issues involving the Indian Child Welfare Act of 1978, 25 U.S.C. § 1901 (2006)1: (1) Does § 1912(f) of the ICWA, which requires a showing of likely serious emotional or physical damage to the child from continued custody by the parent, apply where the child is placed outside the parental home at the time the termination...

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