In the Matter of the CUSTODY OF S.E.G., A.L.W. and V.M.G.
Supreme Court of Minnesota.https://leagle.com/images/logo.png
August 31, 1994.
August 31, 1994.
Attorney(s) appearing for the Case
Anita P. Fineday, Tribal Atty., Leech Lake Band of Chippewa, Cass Lake, for Leech Lake Band of Chippewa.
Hubert H. Humphrey, III, Atty. Gen., Kim Buechel Mesun, Asst. Atty. Gen., St. Paul, for Commissioner of Human Services.
Timothy R. Faver, Beltrami County Atty., Shari R. Schluchter, Asst. Beltrami County Atty., Bemidji, for Beltrami County.
Charles R. Powell, Powell & Lang, Bemidji, for Guardian ad Litem.
Wright S. Walling, Jody Ollyver DeSmidt, Gary A. Debele, Walling & Berg, Minneapolis, for Eugene Campbell, et al.
Shirley M. Cain, Duluth, for amicus curiae, Red Lake Band of Chippewa Indian.
Jeannice M. Reding, Best & Flanagan, Minneapolis, and James Genia, Sol. Gen., Mille Lacs Band of Ojibwe, Onamia, and Steve C. Moore, Native American Rights Fund, Boulder, CO, for amici curiae, Mille Lacs Band of Ojibwe and Minnesota Chippewa Tribe.
William R. Kennedy, Hennepin County Public Defender, Peter W. Gorman, Asst. Public Defender, Minneapolis, for amici curiae, Hennepin County Public Defender.
Katie Trotzky, Amy Jane Goetz, Legal Aid Soc. of Minnesota, Minneapolis, for amici curiae, Upper Midwest American Indian Center.
Mark D. Fiddler, Indian Child Welfare Law Center, Minneapolis, for amici curiae, Minneapolis American Indian Center and Minnesota Indian Women's Resource Center.
Steven Hirsh, Leah J. Carpenter, Anishinabe Legal Services, Cass Lake, for amici curiae, Melvin E. and Audrey J. Goodman.
Heard, considered and decided by the court en banc.
Supreme Court of Minnesota.
OPINION
KEITH, Chief Justice.
This appeal arises out of a petition by the respondents, non-Indian foster parents, E.C. and C.C., to adopt three Native American children for whom they had provided foster care. At issue is whether the placement preferences provision of the Indian Child Welfare Act (ICWA), 25 U.S.C. § 1915 (1988), provides a "good cause" exception for "extraordinary emotional needs" based on a child's need for permanence in the form of...
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