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STEVEN H. v. DES

No. CV-08-0026-PR.

190 P.3d 180 (2008)

STEVEN H. and Tammy H., Appellants, v. ARIZONA DEPARTMENT OF ECONOMIC SECURITY, Matthew H., Savannah H., Appellees.

Supreme Court of Arizona, En Banc.

August 19, 2008.

Attorney(s) appearing for the Case

Kaiser, James & Wilson P.L.L.C by Jeffrey A. James, Flagstaff, Attorney for Steven H. and Tammy H.

Terry Goddard, Arizona Attorney General, Phoenix, by William V. Hornung, Assistant Attorney General, Dawn R. Williams, Assistant Attorney General, Tucson, Attorneys for Arizona Department of Economic Security.

David Goldberg, Attorney at Law by David Goldberg, Flagstaff, Attorney for Matthew H. and Savannah H.

Salt River Pima-Maricopa Indian Community by Charleen H. Greer, Cheryl J. Scott, Scottsdale, Attorneys for Amicus Curiae Salt River Pima-Maricopa Indian Community.

Paul J. Matté III, Attorney at Law by Paul J. Matté III, and Virginia Matté, Attorney at Law by Virginia Matté, Phoenix, Attorneys for Intervenor Cherokee Nation of Oklahoma.

David P. Frank, Tohono O'odham Nation Attorney General by Samuel F. Daughety, Sells, Attorneys for Amicus Curiae Tohono O'odham Nation.

OPINION

RYAN, Justice.

¶ 1 In a custody proceeding involving an Indian child, a state court must comply with the Indian Child Welfare Act ("ICWA"), 25 U.S.C. §§ 1901 to 1963 (2000). Under ICWA, before a state court judge may order foster care placement of an Indian child, the judge must make "a determination, supported by clear and convincing evidence, including testimony of qualified expert witnesses, that the continued custody of the child...

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