Petition of the day

By Kate Howard
on Nov 28, 2016 at 11:23 pm

The petition of the day is:

Issues: (1) Whether the Indian Child Welfare Act of 1978 applies where the child has not been removed from an Indian family or community; (2) whether ICWA’s adoptive placement preferences, 25 U.S.C. § 1915(a), require removal from a foster placement made under Section 1915(b), for the purpose of triggering the adoptive placement preferences contained in Section 1915(a); and (3) whether the state courts erred in holding that “good cause” to depart from ICWA’s placement preferences must be proved by “clear and convincing evidence”—contrary to the text and structure of the statute and the decision of at least one other state court of last resort—or otherwise erred in their interpretation of “good cause.”