Synopsis: Prospective parents petitioned to adopt Indian child over objection of biological father. The Superior Court, Third Judicial District, Palmer, Eric Smith, J., denied petition. Prospective parents appealed.
Holding: The Supreme Court, Bolger, J., held that:
(1) no serious conflict existed between state statute governing adoption and Indian Child Welfare Act (ICWA), such that ICWA would preempt statute;
(2) trial court did not clearly err in finding that father’s failure to support child was justifiable, such that his consent to adoption was still required; and
(3) interim child visitation order entered in related custody proceeding was not final judgment from which appeal could be taken.
Affirmed.
Read the full decision at the National Indian Law Library website.