Petra J. v. State of Alaska, Department of Family & Community Services, Office of Children's Services

Summary

The court affirmed the superior court’s decision upholding OCS’s transfer of an Indian child from a relative’s home to a lower-preference foster placement under ICWA. It held that the relative’s failure to obtain treatment for extensive dental decay and failure to provide adequate nutrition constituted clear and convincing evidence that she was unsuitable, and the factual findings supporting those conclusions were not clearly erroneous. The court therefore did not reach whether there was good cause to depart from ICWA’s placement preferences.