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SEMINOLE TRIBE v. DEPT. OF CHILDREN

No. 4D06-3212.

959 So.2d 761 (2007)

SEMINOLE TRIBE OF FLORIDA, a federally recognized Indian tribe, Appellant, v. DEPARTMENT OF CHILDREN AND FAMILIES and Guardian Ad Litem Program, Appellees.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied August 2, 2007.

Attorney(s) appearing for the Case

Donald A. Orlovsky of Kamen & Orlovsky, P.A., West Palm Beach, for appellant.

Bill McCollum, Attorney General, Tallahassee, and Jeffrey P. Bassett, Assistant Attorney General, Fort Lauderdale, for Appellee-Department of Children and Families.

Wendie Michelle Cooper, Orlando, for Appellee-Guardian Ad Litem.

STONE, J.

The Seminole Tribe of Florida (the tribe) appeals an order denying its motion to place K.D., a four-year-old child, pursuant to the Indian Child Welfare Act, 25 U.S.C. § 1901, et seq. (ICWA).

The tribe asserts that the trial court order disregards or misunderstands the mandates of the ICWA by failing to begin with a presumption in favor of the tribe's preference. We affirm.

K.D. was born prematurely to a Sioux mother who was registered...

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