My question involves adoption law for the State of: Colorado
I am trying so hard to understand ICWA preferences and the law's intent. Please help!
An Indian newborn is removed from mother, mother has no relatives who can take child (ICWA preference #1), and father is unknown and unidentified, and the tribe is contacted and has no homes (ICWA preference #2), and County finds an adoptive Indian foster home not of the child's tribe, licensed by County (ICWA preference #3) and places child there. Tribe is okay with this. So far so good. Everyone is compliant (I think).
Meanwhile, relative (who can't take placement) talks and talks about how she has her suspicions about who the father is, and has talked to some potential fathers but she cannot convince them to go to court or contact the caseworker.
County continues to make exceptional efforts to reunify with mother, but mother refuses.
Time flies and County is fast approaching the ASFA time limit for permanency planning. Child is almost a year old now.
Potential fathers who were aware the whole time suddenly decide to show up in court and ask for DNA testing.
My question is, if one of them tests positive, and he has relatives who would take Child (ICWA preference #1), would ICWA require County to move child almost a year later even though placement was initially compliant and County did everything right to begin with? Or do the preferences only apply when placement decisions are being made, and not during a stable placement? Or does this fall under Good Cause Guideline #3, below, because they did search and at the time the relatives weren't available?
I realize that mother has standing to object under ICWA (Good Cause Guideline #1, below), and that County has to make decisions regarding whether father gets a treatment plan when he sat around for a year, but I am asking about the situation of paternal relatives where mother does not show up to object.
Not to mention the fact that ICWA may require a non-Indian relative who is a stranger to the child over a stable Indian home where the child is attached, drives me crazy.thank you for any input you have.
Good Cause To Modify Preferences
a. For purposes of foster care, preadoptive or adoptive placement, a determination of good cause not
to follow the order of preference set out above shall be based on one or more of the following
considerations:
a. (i) The request of the biological parents or the child when the child is of sufficient age.
(ii) The extraordinary physical or emotional needs of the child as established by
testimony of a qualified expert witness.
(iii) The unavailability of suitable families for placement after a diligent search
has been completed for families meeting the preference criteria.

