J.E.

INTRODUCTION

For the third time this case comes before us on the issue of whether the lower court has correctly ordered an Indian child, Alexandria R, to be placed with her extended family, Ken R. and Ginger R., in Utah after concluding that Alexandria’s foster parents, the de facto parents, Russell P. and Summer R, failed to prove by clear and convincing evidence that there was good cause to depart from the adoptive placement preferences set forth in the Indian Child Welfare Act of 1978 (ICWA) ( 25 U.S.C. § 1901 et seq.). 1

We have twice remanded the matter because the lower court used an incorrect standard in assessing good cause. The dependency court has now correctly applied the law governing good cause, considering the bond Alexandria has developed over time with the P.’s, as well as a number of other factors related to her best interests. Those other factors include Alexandria’s relationship with her extended family and half siblings; the capacity of her extended family to maintain and develop her sense of self-identity, including her cultural identity and connection to the Choctaw tribal culture; and the P.s’ relative reluctance or resistance to foster…