In re Alexandria P.Annotate this Case
Alexandria P., an Indian child, was placed with her extended family in Utah, after the dependency court concluded that Alexandria's foster parents, de facto parents, failed to prove by clear and convincing evidence that there was good cause to depart from the adoptive placement preferences set forth in the Indian Child Welfare Act (ICWA), 25 U.S.C. 1901 et seq. The court remanded the matter twice because the lower court used an incorrect standard in assessing good cause. The dependency court has now correctly applied the law governing good cause, considering the bond Alexandria has developed over time with the foster parents as well as a number of other factors related to her best interests. The court affirmed the judgment because substantial evidence supports the court’s finding that the foster parents did not prove by clear and convincing evidence that there was good cause to depart from the ICWA’s placement preferences.