In re T.S.W.

The opinion of the court was delivered by

Moritz, J.:

Cherokee Nation, Intervenor, challenges the district court’s decision under the Indian Child Welfare Act (ICWA), 25 U.S.C. § 1901 et seq. (2001), to deviate from ICWA’s placement preferences, see 21 U.S.C. § 1915(a) (2001), based upon the bio*426logical non-Indian mother s preference that her child be placed with a non-Indian family. Because we conclude that absent a request for anonymity by a biological parent, a parent’s placement preference cannot override ICWA’s placement factors, we reverse the district court’s determination.

Factual and…