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STATE OF MINNESOTA IN COURT OF APPEALS A11-1562 In the Matter of the Welfare of the Child of: E.A.C., Parent. Filed February 21, 2012 Reversed and remanded Hudson, Judge Aitkin County District Court File No. 01-JV-10-514 Ronald M. Walters, Band Member Legal Aid, Onamia, Minnesota (for appellant J.J.K.) James P. Ratz, Aitkin County Attorney, Sarah Winge, Assistant County Attorney, Aitkin, Minnesota (for respondent Aitkin County Health & Human Services) Raymond Horton, Horton Law Office, Aitkin, Minnesota (for respondent J.M.C.) Michael P. Harralson, Deputy Solicitor General, Mille Lacs Band of Ojibwe, Onamia, Minnesota (for respondent Mille Lacs Band of Ojibwe) Shari S. Larson, Larson Law Office, McGregor, Minnesota (for respondent guardian ad litem) Bruce Jones, Jennifer Dukart, Faegre & Benson LLP, Minneapolis, Minnesota; and Shannon Smith, ICWA Law Center, Minneapolis, Minnesota (for amicus curiae ICWA Law Center) Mary Jo Brooks Hunter, Child Advocacy Clinic, Hamline University School of Law, St. Paul, Minnesota (for amicus curiae Hamline University School of Law Child Advocacy Clinic) Considered and decided by Klaphake, Presiding Judge; Stoneburner, Judge; and Hudson, Judge.

SYLLABUS When a petition for return of custody under the Indian Child Welfare Act (ICWA), 25 U.S.C.

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Minnesota Law