IN THE MATTER OF M.K.T., 2016 OK 4

Background

In May 2013 Oklahoma DHS placed 2-year-old S.A.W. (father an asserted Cherokee Nation member; mother non‑Indian) in a non‑ICWA foster home; DHS sought relatives/tribal placements but none suitable came forward.
The Cherokee Nation identified a dual‑certified ICWA‑compliant family and moved in May 2014 (one year after custody) to transfer S.A.W. to that home; visits had occurred but the family preferred adoptive placement and parental rights had not been terminated.
The district court granted the Cherokee Nation’s motion and ordered a structured transition to the ICWA‑compliant home; foster mother, parents, child, and the State appealed and the Court of Civil Appeals reversed; certiorari was granted.
Central factual disputes included (a) the child’s status as an Indian child given the father’s attempted tribal relinquishment, and (b) whether appellants proved "good cause" to deviate from ICWA placement preferences based on the child’s emotional needs and attachment to the foster mother.
The Supreme Court of Oklahoma held the Cherokee Nation met its burden that the child was an Indian child; appellants failed to prove the father had validly relinquished membership; the court adopted clear and convincing as the proper standard to show good cause to deviate from ICWA but found appellants’ evidence met that standard and reversed the ICWA placement order.

Issues

Issue	Plaintiff's Argument	Defendant's Argument	Held
Applicable burden of proof to show "good cause" to deviate from ICWA placement preferences	Appellants argued abuse‑of‑discretion review / lower standard applied	Cherokee Nation argued trial court correctly applied ICWA preferences; other parties assumed abuse‑of‑discretion	Court held clear and convincing evidence is the proper standard; but appellants' proof satisfied even that higher standard
Whether the child was an "Indian child" for ICWA because father relinquished tribal membership	Appellants argued father signed tribal relinquishment and child thus not subject to ICWA	Cherokee Nation showed father remained an enrolled member; tribe determines membership	Court held appellants failed to prove effective relinquishment; Cherokee Nation met its burden; child is an Indian child under ICWA
Whether evidence established "good cause" / best interests to keep child in non‑ICWA foster home (attachment, emotional needs, therapy)	Appellants (foster mother, parents, State) argued serious emotional needs and strong attachment made moving harmful and not in best interests	Cherokee Nation argued ICWA placement was available and preferable; tribe’s cultural interests and placement preferences should control absent good cause	Court held evidence of attachment and expert testimony was sufficient to show good cause to deviate and that remaining in non‑ICWA placement was in child's best interests; reversed the district court’s ICWA placement order
Effect of 10A O.S. §1‑4‑812 ("great weight" to foster parent after 1 year) on ICWA placement preferences	Appellants argued §1‑4‑812 requires great weight to foster parent and supports non‑ICWA placement	Cherokee Nation argued federal ICWA preferences govern and §1‑4‑812 does not override them	Court held §1‑4‑812 does not trump ICWA preferences and provided no reversible error here; nonetheless appellants did not prevail on that statutory argument

Key Cases Cited

Mississippi Band of Choctaw Indians v. Holyfield, 490 U.S. 30 (1989) (Congress sought to protect tribal interests and continuity of Indian children even over parental consent for out‑of‑tribe adoption)
Santa Clara Pueblo v. Martinez, 436 U.S. 49 (1978) (tribes have authority to determine internal matters, including membership)
United States v. Wheeler, 435 U.S. 313 (1978) (tribal power to determine membership unless limited by treaty or statute)
In re M.S., 237 P.3d 161 (Okla. 2010) (Oklahoma Supreme Court: clear and convincing standard applies to "good cause" for transfer to tribal court in certain ICWA contexts)
In the Matter of Baby Boy L., 103 P.3d 1099 (Okla. 2004) (discusses ICWA purposes and tribal interests in child custody proceedings)