# In Re Adoption of Baby Girl B.

> Court of Civil Appeals of Oklahoma · March 20, 2003 · 67 P.3d 359

URL: https://www.frixlaw.com/law-library/cases/9788766

## Case

- **Full name:** In the Matter of the ADOPTION OF BABY GIRL B., a Minor. Anthony Noah and Choctaw Nation of Oklahoma, Appellants, v. Kelly B., Appellee
- **Court:** Court of Civil Appeals of Oklahoma
- **Decided:** March 20, 2003
- **Citations:** 67 P.3d 359; 2003 OK CIV APP 24; 2003 WL 1044068
- **Precedential status:** Published
- **Opinion:** Dissent by Goodman
- **Judges:** Keith Rapp
- **Cited by:** 25 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9788766

## How later opinions describe it (automated extraction)

- reversing trial court’s denial of father and tribe’s joint petition to invalidate, for lack of notice compliance under ICWA, termination of father’s parental rights and court’s consent to adoption

## Opinion text

GOODMAN, J.,
dissenting:
1 1 I respectfully dissent to the majority's statutory interpretation. Further, I dissent to the majority's imposition of an additional, ambiguous, and unspecified duty on an attorney to follow the requirements of the state and federal Indian Child Welfare Acts when the attorney is already under a sworn duty to abide by all laws applicable in this state;, which presumably includes all Indian Child Welfare Acts. The majority states that making an attorney responsible to follow all Indian Child Welfare Acts is analogous to the duty imposed on an attorney to follow the Fair Debt Collection Act. I respectfully disagree. The Fair Debt Collection Act applies to an attorney who presumably is no longer an advocate for his client because he is now trying to collect a debt from the client, and thus is now in the relationship of a ereditor to the client. This differs from an attorney who is always in an attorney-client relationship with a potential adoptive parent and is never in an adversarial position to that client.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9788766. Public record. Not legal advice.
