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In re Adoption of Sara J.11/10/2005
15(d) into the § 1915(a) good cause analysis while leaving open the possibility that the location of necessary treatment services would not fall under § 1915(d)'s purview. Nevertheless, we believe that the words of the statute, the context of the legislation, and the BIA Guidelines support our holding.
C. Substantial Evidence Supported the Superior Court's Findings
The tribe argues that the superior court's findings were not supported by substantial evidence. Many of its arguments hinge on its contention, rejected above, that the superior court erred by not applying the prevailing social and cultural standards of the Indian community. The superior court was not required to apply those standards, but we still review the tribe's factual contentions.
1. The superior court did not err in finding that harm to the children from living outside the village was outweighed by the potential harm from being separated from Matilda.
The tribe asserts that the superior court erred in finding that the damage to the J. children from being separated from Matilda would outweigh the damage that severance from their Yup'ik heritage would cause the children. The tribe asserts that "the Yup'ik standard gives less weight to the short-term disruption that a removal from [Matilda's] home might cause." The tribe believes that this disruption is outweighed by the lack of a "compass and foundation in life" that would result from the children being separated "from the life blood of their culture," and that "the children will melt 'like butter' into the supportive environment of [their] home and village community." This is essentially an argument that the superior court should have conducted a "best interests of the child" analysis using the prevailing Yup'ik standards. But the children's special needs do not implicate the determination of suitability for a preferred placement and need not be analyzed using the prevailing social and cultural standards of the Indian community. The evidence suggests that removing the children from Bethel and Matilda would cause them special harm.
Morris attends counseling in Bethel. His counselor, Jennifer Cashion, testified that he would likely suffer some regressive behavior if he had to change clinicians before a new therapeutic relationship could be established. Dr. MacIan, a clinical psychologist acquainted with the children and their needs, testified that Morris needs structure. Cashion testified that Morris exhibits symptoms of post-traumatic stress syndrome, and Matilda and another witness testified to the devastating impact another move would have on him. Sara has been diagnosed with an unspecified adjustment disorder and meets criteria designated for emotionally disturbed children. Sara's former counselor expressed both short- and long-term concerns for Sara if she is moved. We also note that Matilda testified that Morris told her that he wanted to be adopted by her.
There was evidence of the dangers inherent in raising Indian children in non-Native households. Dr. Roll testified that Native children raised in non-Native homes are at risk of erosion of language skills, identity, and cultural confusion, identity diffusion, and identification with the aggressor. But Dr. MacIan testified that these concerns can be mitigated in this case by taking advantage of opportunities in Bethel to encourage a positive view of the children's culture through contact with the Yup'ik culture. As outlined below, Matilda has demonstrated a willingness and ability to expose the children to Yup'ik culture.
In light of the evidence discussed above, we cannot say that the superior court erred in finding that the damage that would be caused b
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