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In re Adoption of Sara J.11/10/2005
No. 5957
Before: Bryner, Chief Justice, Matthews, Eastaugh, Fabe, and Carpeneti, Justices.
BRYNER, Chief Justice, concurring.
I. INTRODUCTION
Matilda W., a caucasian living in Bethel, petitioned to adopt three sibling Native children. The superior court granted her petitions over the objections of the Native Village of Kasigluk and a Native couple who were interested in adopting the children. The Indian Child Welfare Act (ICWA) establishes preferences for placing an Indian child within the child's extended family, with other members of the child's tribe, or with other Indian families. The prevailing social and cultural standards of the Indian community apply in meeting the preference requirements.
A court may deviate from these preferred placements only upon a showing of "good cause."
Do the prevailing social and cultural standards also govern the good cause determination? We hold that they do not, but that they remain relevant if the good cause inquiry raises questions about the suitability of a statutorily preferred placement. They may also inform, but need not control, any determination of whether a child's special needs or other circumstances constitute good cause to deviate from the preferences.
Because the superior court's good cause findings in this case are supported by the evidence and do not implicate the suitability of a preferred placement, we affirm its determination that there is good cause to deviate from the preferences. We therefore affirm the decrees granting Matilda W.'s adoption petitions.
II. FACTS AND PROCEEDINGS
Sara J., Joel J., and Morris J. are the biological children of Isabel B. and Roger J., who were members of the Native Village of Hooper Bay and the Native Village of Kasigluk, respectively. The oldest child was born in 1994; the youngest was born in 1999. The parental rights of Isabel and Roger were terminated in January 2003.
Sara and Morris first entered state custody in 1997 and were placed with a relative in Kasigluk for a year and a half. They were briefly returned to their parents, but were removed soon after Joel's birth. Joel's medical problems required that he be close to a hospital, and he was placed in a Bethel home, and then with Matilda W., an unrelated caucasian woman living in Bethel. Sara and Morris later rejoined Joel when they were placed with Matilda after the Alaska Office of Children's Services (OCS), formerly known as the Alaska Division of Family and Youth Services, received reports of harm while they were placed with a relative in Bethel.
OCS continued to seek a workable relative placement for the J. children, next placing them with Jake and Ruby B., the children's maternal uncle and aunt. After Joel was hospitalized, OCS removed him from that placement, placing him again with Matilda in January 2002. Sara and Morris joined him there a month later.
Frank and Tonya B., another maternal uncle and aunt, became interested in having the J. children placed with them, and sought a foster licensing in the summer of 2003. Matilda petitioned to adopt the three J. children in July 2003.
The Native Village of Kasigluk, as the tribe with the most significant contacts, intervened pursuant to Alaska Adoption Rule 12(a) and opposed Matilda's three adoption petitions. The superior court conducted a six-day trial on whether to grant Matilda's petitions. The superior court found good reason to deviate from ICWA placement preferences and granted Matilda's petitions. The superior court found that the children have special educational and behavioral needs that are best met by Matilda in Bethel,
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