Do the placement preferences set forth in ICWA apply in emergency removal proceedings?
Courts are split on when the placement preferences apply in emergency removal proceedings. Some courts require application of the placement preference immediately. In re Desiree F., 99 Cal. Rptr. 2d 688, 700 (Ct. App. 2000). Others allow a temporary deviation from the placement preferences in emergencies. In re S.B., 30 Cal. Rptr. 3d 726 (Ct. App. 2005) (certified for partial publication). See also In re Charles, 688 P.2d 1354 (Or. Ct. App. 1984). Even so, a party should follow the ICWA requirements when possible in an emergency removal proceeding and move the child to a preferred placement. Practice Tip: State workers should always attempt to locate a relative for an emergency placement. Contacting tribes and Indian organizations that assist with placements may identify such placements. See also FAQ 16, Placement.
