Legal Opinion

Native Village of Tununak v. State, Department of Health & Social Services, Office of Children's Services

Alaska Supreme Court

Decided June 21, 2013No. 6788 S-14562PublishedCited by 24 opinions

1Opinion of the Court

OPINION

STOWERS, Justice.

I. INTRODUCTION

The Indian Child Welfare Act (ICWA) 1 establishes adoptive placement preferences for placing an Indian child with a member of the child's extended family, with other members of the child's tribe, or with other Indian families. 2 A court may deviate from these preferences only upon a showing of good cause. 3 ICWA does not state what standard of proof applies to the good cause determination, nor does it state what factors a court must consider in determining whether there is good cause to deviate from the preferences.

In this child in need of aid (CINA)…

2Cases cited21 opinions

  1. Grogan v. GarnerSupreme Court of the United States · 1991
  2. Mississippi Band of Choctaw Indians v. HolyfieldSupreme Court of the United States · 1989
  3. Steadman v. Securities & Exchange CommissionSupreme Court of the United States · 1981
  4. State, Commercial Fisheries Entry Commission v. CarlsonAlaska Supreme Court · 2003
  5. Grimm v. WagonerAlaska Supreme Court · 2003

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3Cited by24 opinions

  1. Los Angeles County Department of Children & Family Services v. J.E.California Court of Appeal · 2014
  2. Hendricks-Pearce v. State, Department of CorrectionsAlaska Supreme Court · 2014
  3. In re CandaceAlaska Supreme Court · 2014
  4. Los Angeles County Department of Children & Family Services v. J.E.California Court of Appeal · 2016
  5. Charles v. StateAlaska Supreme Court · 2014

19 more not listed; retrieve them via the Exa API.

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