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MATTER OF COCONINO CTY. JUV. NO. J-10175

No. 1 CA-JUV 362.

153 Ariz. 346 (1987)

736 P.2d 829

In the Matter of the APPEAL IN COCONINO COUNTY JUVENILE ACTION NO. J-10175.

Court of Appeals of Arizona, Division 1, Department D.

April 28, 1987.

Attorney(s) appearing for the Case

Navajo Legal Aid and Defender Service by Peter Breen, Window Rock, for appellant Father.

Navajo Nation Dept. of Justice by Donna C. Bradley, Window Rock, for intervenor-appellant.

Robert K. Corbin, Atty. Gen. by Macre S. Monson, Asst. Atty. Gen., Phoenix, for appellee ADES.

J. Michael Flournoy, Flagstaff, for appellee Mother.

KLEINSCHMIDT, Presiding Judge.

This case presents the question whether the trial court erred when it placed an Indian child in a non-Indian foster home. We hold that the court did err because it refused to apply the provisions of the Indian Child Welfare Act, 25 U.S.C.A. §§ 1901-1963.

The seven-year-old minor child, Jessica Brown/Jensen, is the daughter of Alan Brown, a Navajo, and Cindy Jensen, a non-Indian. The child is an enrolled member of the...

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