Gila River Indian Community v. Department of Child Safety

OPINION

DOWNIE, Judge:

¶ 1 The Gila River Indian Community (the “Community”) appeals the denial of its motion to change physical custody of a dependent Indian child in foster care. The Community challenges the juvenile court’s determination that good cause exists to deviate from placement preferences set forth in the Indian Child Welfare Act (“ICWA”). We hold that good cause to deviate from ICWA placement preferences must be established by clear and convincing evidence. Because it is not apparent that the juvenile court applied this heightened standard of proof, we vacate its good cause…