Can bonding be considered in a foster care placement proceeding?
Under the ICWAs statutory presumptions it is in the best interest of the child to maintain ties with its tribe, culture and family. Yavapai-Apache Tribe v. Mejia, 906 S.W.2d 152, 169 (Tex. App. 1995); In re W.D.H., III, 43 S.W.2d 30 (Tex. App. 2001). The placement preferences are the most important substantive requirement imposed on state courts. Bonding certainly should not be used to demonstrate good cause to deviate from the placement preferences where the bonding occurred as a result of violations of the requirements of the ICWA. In re Desiree F., 99 Cal. Rptr. 2d 688 (Ct. App. 2000); B.R.T. v. Executive Dir. of Soc. Servs. Bd., 391 N.W.2d 594, 601 n.10 (N.D. 1986). Cf. Miss. Band of Choctaw Indians v. Holyfield, 490 U.S. 30, 36 (1989) (holding that three years development of family ties does not change outcome of what is the proper forum). Some courts have held that only the factors listed on the BIA Guidelines can constitute good cause and that the need for permanence cannot itse
