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Court
of Appeals of Utah.Hatch, Vernal, Guardian Ad Litem.Father and all three
children are enrolled members of the Eastern Shoshone Tribe (Tribe).Mother and Father divorced, the family maintained its domicile
in Vernal, Utah.Father's reasonable visitation rights, and Father
was ordered to pay monthly child support.Mother objected to the transfer.At trial, it was shown
that Father has a history of violent behavior.Father broke into Mother's home and physically
assaulted her.Father's motion to stay the adoption proceedings
pending appeal.Indian tribe and is the
biological child of a member of an Indian tribe.That such transfer shall be subject to declination by the tribal court
of such tribe.Guidelines for State Courts, Indian Child Custody Proceedings, 44 Fed.In re Appeal in Maricopa County,
186 Ariz.The proceeding was at an advanced stage when the petition to transfer
was received....The Indian child is over twelve years of age and objects to the transfer.The evidence necessary to decide the case could not be adequately presented
in the tribal court without undue hardship to the parties or the witnesses.In re Adoption of Halloway,
732 P.ICWA's definition of child custody proceedings.Indian family, and thus, the proceeding would
not result in the breakup of an existing Indian family.The states adopting the doctrine include Alabama, Indiana, Kansas, Kentucky,
Louisiana, Montana, Missouri, Oklahoma, and Washington.The states rejecting the doctrine include Alaska, California,
Idaho, Michigan, and Oregon.Indian mother was placing her Indian
child for adoption six years after she and the child's Indian father divorced.Applying substantially the same analysis used in Adoption
of Baby Boy L.ICWA was intended to protect against.Indian culture could be the very policies of removal of Indian children
that ICWA was intended to counteract.ICWA is buttressed by the Supreme Court's decision in Mississippi
Band of Choctaw Indians v.After the births, the parents consented to the
adoption.Indian children has led some courts
to hold the decision impliedly overruled the existing Indian family doctrine.These policies are frustrated by the adoption of the
existing Indian family exception.Indian paternal grandparents, to whom the mother had given physical custody
of her child.The language the court cites from the House report became the policy provision
of ICWA.The language defining child custody proceedings clearly provides
for only two exceptions.The exception for child custody matters in a
divorce is not analogous to a termination of parental rights proceeding.Father argues that even using state law standards, the court erred in
terminating his parental rights.Father's parental rights under state law.Father has a history of violent
behavior.On numerous occasions, Father threatened Mother with physical
harm, including threatening to kill her.Father also has failed to pay
child support.Father abused Mother, knocked her down,
and tried to leave with her.Mother responds that we can affirm as the
standards of ICWA were satisfied.Indian family and that these efforts have proved unsuccessful.This record acknowledgment of the stipulation eliminates this issue.Father's failure to object below
prevents us from considering this claim on appeal.He has been in
private practice in Vernal since 1989.He testified that he had acted
as an expert witness in many cases.Guardian ad Litem and interviewed
the children, Mother, and the children's maternal grandfather.Furthermore, Father failed to make his objections before
the juvenile court.Augustus was a qualified
expert witness.Augustus testified that any continued contact
with Father would cause the children emotional and physical damage.Father because of the violence they had witnessed.Father was not incarcerated, they were frightened that he might take them
away from Mother and cause physical harm to Mother or their home.Father should have no further contact with the children
and be restricted from being in the local area.Mother proved the ICWA standard for termination,
i.
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