Opinion of the Court Adoptive Couple v. Baby Girl

justice samuel alito, author of majority opinion

on june 25, court reversed , remanded, justice samuel alito writing 5 justice majority. alito began observing baby girl “is classified indian because 1.2% (3/256) cherokee.” alito went on reject lower court’s reading of icwa, reasoning discourage adoptive couples , leave “vulnerable indian children @ unique disadvantage in finding permanent , loving home.” alito noted 3 provisions of icwa relevant case, § 1912(f), § 1912(d), , § 1915(a). noted undisputed under south carolina law brown not able object adoption. alito stated heightened standard required under § 1912(f) not apply when parent in question never had custody of child, focusing on phrase continued custody in statute. alito continued § 1912(d) not require remedial efforts made when parent did not have custody. since brown never had either physical or legal custody, no remedial efforts required. finally, § 1915(a) not prevent non-indian couple adopting when no preferred individuals or entities have formally sought adopt child. find otherwise, alito concluded, allow brown “play icwa trump card @ eleventh hour override mother’s decision , child’s best interests.”

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