Utah Court of Appeals Forces Lower Court to Comply with ICWA

Here is the opinion in State of Utah in the Interest of C.D. et al. from the Utah Court of Appeals. An excerpt:

The juvenile court’s December 5, 2007 Findings of Fact, Conclusions of Law, and Adjudication Order is affirmed in part, reversed in part, and the case is remanded for further proceedings. We affirm the juvenile court’s ruling that further efforts with Grandfather would be futile. However, we reverse on the placement issue and remand to the juvenile court so that the State can immediately either place the children in accordance with the ICWA’s preferences or create a record demonstrating its attempts to comply and good cause for deviating from those preferences.