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ARIZONA DEPT. OF ECONOMIC SEC. v. BERNINI

No. 2 CA-SA 2002-0040.

48 P.3d 512 (2002)

202 Ariz. 562

ARIZONA DEPARTMENT OF ECONOMIC SECURITY, Petitioner, v. Hon. Deborah BERNINI, Judge of the Superior Court of the State of Arizona, in and for the County of Pima, Respondent, and Candle H. and Michael J., Real Parties in Interest.

Court of Appeals of Arizona, Division 2, Department A.

Redesignated as Opinion June 25, 2002.

Attorney(s) appearing for the Case

Janet Napolitano, Arizona Attorney General, by Michelle R. Nimmo, Tucson, for Petitioner.

Suzanne Laursen, Tucson, for Real Party in Interest Candle H.

Gilmore & Turner, P.L.L.C., by Leslie S. Turner, Tucson, for Real Party in Interest Michael J.

OPINION

BRAMMER, Presiding Judge.

¶ 1 In this special action, the Arizona Department of Economic Security (ADES) challenges the respondent judge's application of the Indian Child Welfare Act (ICWA), 25 U.S.C. §§ 1901 through 1963, at a preliminary protective hearing held pursuant to A.R.S. § 8-824 and review of taking a child into temporary custody pursuant to A.R.S. § 8-821. Because the respondent judge applied ICWA, she...

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