In the Interest of W.D.H.

My colleagues competently and accurately describe the predominance of the Indian Child Welfare Act over certain standards of the Texas Family Code. However, I would more narrowly construe the federal preemption in accordance with, and because of, the in pari materia doctrine. When two statutes address the same matter or subject, they should be construed, to the extent possible, in harmony. Findlay v. State, 9 S.W.3d 397, 399 (Tex.App.-Houston [14th Dist.] 1999, no pet.); Click v. Tyra,867 S.W.2d 406, 407 (Tex.App.-Houston [14th Dist.] 1993, orig. proceeding).

The courts and practitioners…