Two half-Navajo children adopted by a Salt Lake couple are at the center of a tug-of-war involving the adoptive parents and the Navajo Nation, which wants the adoption nullified and wants control over the youngsters.

The Utah Supreme Court on Monday heard arguments on both sides of the highly emotional and legally technical dispute, and the justices several times questioned the attorneys about points of law and reminded the attorneys to avoid appeals to sentiment.

Keith Fitzgerald, lawyer for the Navajo Nation, contends that a Utah juvenile-court judge who terminated the biological parents' rights and approved the adoption violated provisions under the Indian Child Welfare Act, which Congress enacted to help protect Native American tribes and the continuation of their respective cultures.

Fitzgerald argued that the law is intended to keep the tribes intact, ensure they not lose their children to non-Indian families and protect Indian children culturally and spiritually by having them live in Indian homes.

"It's our argument that ICWA pre-empts state law," Fitzgerald said.

He also said the Navajo Nation could intervene in a child-custody case at any time, although he later amended that after being questioned by justices, to say that the nation could not intervene once a case was concluded. However, in this particular case, Fitzgerald said, the Navajo Nation had not received proper notification, and the Utah juvenile court did not transfer the case to the tribe to handle.

Assistant attorney general John Peterson said the tribe had the right to intervene in the early stages of the case, but could not wait until the advanced stages of child placement and, upon finding it did not like the results of a court ruling, then expect to participate.

Wesley Hutchins, attorney for the adoptive parents, insisted the Navajo Nation got numerous notices of what was going on regarding the children. He also said the intergovernmental agreement between the U.S. and the tribe sets out time lines for such proceedings that the juvenile court followed.

In the middle of all this are Anthony, 9, and his half-sister, Ella, 3, who have been adopted by Suzi and Ricardo Ramos. The juvenile court terminated the parental rights of the mother, who is Navajo, and later those of the father, who is Mexican. The children, who have lived in several foster homes, at one point lived for two weeks with relatives on the Navajo Reservation, but those relatives said they could not take care of the youngsters. The Ramos couple got them as foster children and began adoption proceedings.

Suzi Ramos said the couple has made considerable efforts to educate the children about their culture, especially Anthony, since he is older. For example, Anthony takes part in Lil' Feathers, a drum and dance organization, and has a reading tutor who uses Indian stories.

Ricardo Ramos also noted that Anthony is half Hispanic.

"What about his Hispanic culture?" Ramos asked. "As a Hispanic male, I can provide that."

More importantly, Suzi Ramos said, the children are no longer neglected and abused, which was the case previously, and they are loved, nurtured and protected. "There's been a lot of talk about culture, culture, culture — what really matters is a culture of safety," she said.

E-MAIL: lindat@desnews.com