The Arizona Court of Appeals followed other state courts in applying the “dual burden of proof requirement” under ICWA in Valerie M. v. Arizona Dept. of Econ. Security.

From the opinion:

Contrary to Mother’s claims, the Act does not establish, or even mention, the appropriate standard of proof to be applied in evaluating state-law termination grounds or making state-mandated best interests determinations. Rather, § 1912(f) protects the stability and integrity of Indian families by requiring that the fact-finder make an additional finding beyond a reasonable doubt before the rights of any parent or custodian of an Indian child may be terminated. See 25 U.S.C. § 1902 (declaring “that it is the policy of this Nation to protect the best interests of Indian children and to promote the stability and security of Indian tribes and families by the establishment of minimum Federal standards for the removal of Indian children from their families”). We conclude, therefore, that § 1912(f)’s reasonable-doubt standard does not preempt the state-imposed burdens of proof for establishing termination grounds and best interests findings. See Maricopa County Juv. Action No. JS-8287, 171 Ariz. 104, 112, 828 P.2d 1245, 1253 (App.1992) (stating that § 1912(f) imposes requirements “in addition to meeting the Arizona requirement that parental rights may only be terminated for a number of stated reasons”).