California Court of Appeal

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In re Alexandria P., B252999

In this custody proceeding involving placement preferences set forth in the Indian Child Welfare Act (ICWA), an order placing Indian girl with non-Indian extended family of her father at the recommendation of her father, her tribe, and the Department of Children and Family Services is reversed, where: 1) the lower court erroneously interpreted the good cause exception to the ICWA's adoptive placement preferences as requiring proof of a certainty that the girl would suffer emotional harm if placed with the recommended family; and 2) the lower court failed to consider the bond between the girl and her current foster family, the risk of detriment if such bond was broken, and the girl's best interests.

Appellate Information

  • Decided 08/15/2014
  • Published 08/15/2014

Judges

  • KRIEGLER

Court

  • California Court of Appeal

Counsel