25 C.F.R. § 23.130
What placement preferences apply in adoptive placements?
(a) In any adoptive placement of an Indian child under State law, where the Indian child's Tribe has not established a different order of preference under paragraph (b) of this section, preference must be given in descending order, as listed below, to placement of the child with:
(1) A member of the Indian child's extended family;
(2) Other members of the Indian child's Tribe; or
(3) Other Indian families.
(b) If the Indian child's Tribe has established by resolution a different order of preference than that specified in ICWA, the Tribe's placement preferences apply.
(c) The court must, where appropriate, also consider the placement preference of the Indian child or Indian child's parent.
Notes of Decisions
Cited in 4
cases (1 in the last 5 years), 2018–2021 · leading case: Brackeen v. Haaland, 994 F.3d 249 (5th Cir. 2021).
Brackeen v. Haaland, 994 F.3d 249 (5th Cir. 2021). “134 See 25 C.F.R. § 23.130 (b) (“If the Indian child’s Tribe has established by resolution a different order of preference than that specified in ICWA, the Tribe’s placement preferences apply.”
Chad Brackeen v. David Bernhardt, 937 F.3d 406 (5th Cir. 2019). “” 25 C.F.R. § 23.130 . 35 Case: 18-11479 Document: 00515071068 Page: 36 Date Filed: 08/09/2019 No.”
Brackeen v. Zinke, 338 F. Supp. 3d 514 (N.D. Tex. 2018). “35; 25 C.F.R. § 23.130 (b). Tribal Defendants respond that the tribes are permissibly exercising regulatory power subject to an intelligible principle.”
Chad Brackeen v. David Bernhardt (5th Cir. 2019). “” 25 C.F.R. § 23.130 . 35 No. 18-11479 Defendants argue that the district court’s analysis of the constitutionality of these provisions ignores the inherent sovereign authority of tribes.”
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