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NATIVE VILLAGE OF TUNUNAK v. STATE

No. S-14562.

303 P.3d 431 (2013)

NATIVE VILLAGE OF TUNUNAK, Appellant, v. STATE of Alaska, DEPARTMENT OF HEALTH & SOCIAL SERVICES, OFFICE OF CHILDREN'S SERVICES, Appellee.

Supreme Court of Alaska.

June 21, 2013.

Attorney(s) appearing for the Case

James J. Davis, Jr. and Sydney Tarzwell , Alaska Legal Services Corporation, Anchorage, for Appellant.

Jacqueline G. Schafer , Assistant Attorney General, Anchorage, and Michael C. Geraghty , Attorney General, Juneau, for Appellee.

Heather Kendall-Miller and Erin C. Dougherty , Native American Rights Fund, Anchorage, for Amicus Curiae Native Village of Kotzebue.

Before: FABE, Chief Justice, WINFREE, STOWERS, MAASSEN, and BOLGER, Justices.

OPINION

STOWERS, Justice.

I. INTRODUCTION

The Indian Child Welfare Act (ICWA)1 establishes adoptive placement preferences for placing an Indian child with a member of the child's extended family, with other members of the child's tribe, or with other Indian families.2 A court may deviate from these preferences only upon a showing of good ...

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