Native Village of Tununak, Appellant v. State of Alaska, Department of Health & Social Services, Office Of…

Summary

The Alaska Supreme Court held that clear and convincing evidence is required to establish good cause to deviate from the Indian Child Welfare Act's adoptive-placement preferences, overruling its prior use of the preponderance standard. It also held that adoptive placement was governed by the adoption rule rather than the foster-care placement statute, but that the superior court nevertheless applied the wrong burden and failed to conduct the required separate suitability analysis using the Indian community's prevailing social and cultural standards. The court reversed and remanded for new proceedings and evidence under the heightened standard.