Legal Opinion

Smith v. State

Court of Civil Appeals of Oklahoma

Decided October 31, 2013No. 111344PublishedCited by 1 opinion

1Opinion of the Court

WM. C. HETHERINGTON, Jr., Presiding Judge.

1 1 Appellant Brian Smith (Father) appeals the order adjudicating T.S., KS., D.S., K.S., and L.S., to be deprived children. Based on our interpretation of the Indian Child Welfare Act, 25 U.S.C.A. § 1901 et seg. (ICWA), and the Oklahoma Indian Child Welfare Act, 10 0.8.2011 § 40.1 et seq. (OICWA), we AFFIRM.

FACTS AND PROCEDURAL BACKGROUND

12 The five children, whose ages ranged from 15 to 3 years, had been residing in Delaware County since 2010 with Father and his wife, Latisha Smith (Mrs. Smith), the mother of the two youngest children. On August 22,…

2Cases cited27 opinions

  1. United States v. Ron Pair Enterprises, Inc.Supreme Court of the United States · 1989
  2. Richards v. United StatesSupreme Court of the United States · 1962
  3. Mississippi Band of Choctaw Indians v. HolyfieldSupreme Court of the United States · 1989
  4. United States v. BrownSupreme Court of the United States · 1948
  5. Choctaw Nation v. United StatesSupreme Court of the United States · 1943

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3Cited by1 opinion

  1. In re Dependency of C.J.J.I.Washington Supreme Court · 2025

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