Legal Opinion
Application of Angus
Court of Appeals of Oregon
Decided December 8, 1982No. D8204-68177, CA A25245PublishedCited by 45 opinions
1Opinion of the CourtWarden, J.
Plaintiffs, 1 the biological parents of a one-year old child, brought this habeas corpus proceeding to obtain the release of their child from the physical custody of defendants, who in another proceeding were petitioning for adoption of the child. 2 Defendants have custody of the child pursuant to the consent of the natural mother. 3 The basis for plaintiffs’ demand for the return of their child is the Indian Child Welfare Act of 1978, 25 USC § 1901 et seq (Supp 1981) (hereinafter ICWA). It is undisputed that, if the ICWA applies and is constitutional, plaintiffs are entitled to return of the…
2Cases cited13 opinions
- Bolling v. SharpeSupreme Court of the United States · 1954
- Loving v. VirginiaSupreme Court of the United States · 1967
- Morton v. MancariSupreme Court of the United States · 1974
- Santa Clara Pueblo v. MartinezSupreme Court of the United States · 1978
- Washington v. Confederated Bands & Tribes of the Yakima Indian NationSupreme Court of the United States · 1979
8 more not listed; retrieve them via the Exa API.
3Cited by45 opinions
- In re M.C.P.Supreme Court of Vermont · 1989
- Matter of Adoption of a Child of Indian HeritageSupreme Court of New Jersey · 1988
- Department of Social & Health Services v. GilfillenCourt of Appeals of Washington · 2005
- In Re the Appeal in Maricopa County Juvenile Action No. A-25525Court of Appeals of Arizona · 1983
- State Ex Rel Juvenile Department v. TuckerCourt of Appeals of Oregon · 1985
40 more not listed; retrieve them via the Exa API.