In re C.B.D.

JUSTICE MCKINNON,

specially concurring.

¶12 I do not agree with the Court’s conclusion that an Indian mother has no standing to challenge placement of her child with a non-Indian family, when she contests only the placement and not the termination of her parental rights. The placement requirements and preferences of ICWA represent a significant commitment to the preservation and perpetuation of Indian heritage, which is a vastly different consideration and inquiry than whether a particular parent’s rights should be terminated. In my opinion, 25 U.S.C. § 1914 of ICWA contemplates a challenge to…