Do placement preferences apply in voluntary procedures even if the tribe does not intervene?
Yes. Application of the ICWA is not dependent upon participation of the Indian tribe. The placement preferences apply in all ICWA proceedings, unless good cause to not follow those preferences is determined. The United States Supreme Court called the placement preference section of the ICWA the most important substantive requirement of the ICWA. Miss. Band of Choctaw Indians v. Holyfield, 490 U.S. 30 (1989). Advocacy for following the placement preferences of the ICWA is of course not likely to be as vigorous if the tribe does not participate in the proceeding, however.
