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Name: In re Liliana S.
Case #: D042428
Court: CA Court of Appeal
District 4 DCA
Division: 1
Opinion Date: 02/04/2004
Subsequent History: None
Summary

The Tribe appealed orders from a six month review hearing which placed two dependent children with their paternal grandparents. The Tribe contended that the mandatory order of preference for placement under ICWA is not subject to a good cause exception, and that the minors should have been placed with their Indian grandparents. The paternal grandparents were not Indian, but mother wanted the children placed with them, as they had lived with them off and on during the past five years. The appellate court affirmed. First, the Tribe waived the issue by not raising it at the dispositional hearing. Even if the issue was not waived, there was no merit to the Tribe’s arguments. Because the children were placed with extended family, the court was not required to find good cause to modify the preference order. Further, there was abundant good cause to place the minors with the paternal grandmother.