(a) In any adoptive placement of an Indian child, a preference must be given, in the absence of good cause to the contrary, to a placement with:(1) A member of the child's extended family;(2) Other members of the Indian child's tribe; or(3) Other Indian families.
(1) A member of the child's extended family;
(2) Other members of the Indian child's tribe; or
(3) Other Indian families.
(b) Any child accepted for foster care or preadoptive placement must be placed in the least restrictive setting that most approximates a family and in which the child's special needs, if any, may be met. The child must also be placed within reasonable proximity to the child's home, taking into account any special needs of the child. In any foster care or preadoptive placement, a preference must be given, in the absence of good cause to the contrary, to a placement with:(1) A member of the Indian child's extended family;(2) A foster home licensed, approved, or specified by the Indian child's tribe;(3) An Indian foster home licensed or approved by an authorized non-Indian licensing authority; or(4) An institution for children approved by an Indian tribe or operated by an Indian organization that has a program suitable to meet the Indian child's needs.
(1) A member of the Indian child's extended family;
(2) A foster home licensed, approved, or specified by the Indian child's tribe;
(3) An Indian foster home licensed or approved by an authorized non-Indian licensing authority; or
(4) An institution for children approved by an Indian tribe or operated by an Indian organization that has a program suitable to meet the Indian child's needs.
(c) In the case of a placement under subsection (a) or (b), if the Indian child's tribe shall establish a different order of preference by resolution, the agency or court effecting the placement shall follow such order so long as the placement is the least restrictive setting appropriate to the particular needs of the child, as provided in subsection (b). Where appropriate, the preference of the Indian child or parent must be considered; provided, that where a consenting parent evidences a desire for anonymity, the court or agency shall give weight to such desire in applying the preferences.
(d) The standards to be applied in meeting the preference requirements of this section must be the prevailing social and cultural standards of the Indian community in which the parent or extended family resides or with which the parent or extended family members maintain social and cultural ties.
(e) A record of each such placement of an Indian child must be maintained by the state in which the placement was made, evidencing the efforts to comply with the order of preference specified in this section. Such record must be made available at any time upon the request of the commissioner or the Indian child's tribe.