adoptive couple baby girl minor child age fourteen years et argued april decided june indian child welfare act icwa establishes federal standards child custody proceedings involving indian children enacted address consequences abusive child welfare practices separated indian children families tribes adoption foster care placement usually homes mississippi band choctaw indians holyfield relevant icwa bars involuntary termination parent rights absence heightened showing serious harm indian child likely result parent continued custody child conditions involuntary termination parental rights respect indian child showing remedial efforts made prevent breakup indian family provides placement preferences adoption indian children members child extended family members indian child tribe indian families birth mother pregnant biological father child relationship ended biological father member cherokee nation agreed relinquish parental rights birth mother put baby girl adoption private adoption agency selected adoptive couple living south carolina duration pregnancy first four months baby girl birth biological father provided financial assistance birth mother baby girl four months baby girl birth adoptive couple served biological father notice pending adoption adoption proceedings biological father sought custody stated consent adoption following trial took place baby girl two years old south carolina family denied adoptive couple adoption petition awarded custody biological father age months baby girl handed biological father never met state affirmed concluding icwa applied child custody proceeding related indian child biological father parent icwa barred termination parental rights rights terminated adoptionplacement preferences applied held assuming sake argument biological father parent icwa neither bars termination parental rights pp section conditions involuntary termination parental rights heightened showing regarding merits parent continued custody child adjective continued plainly refers state ordinary dictionary definitions phrase continued custody thus refers custody parent already least point past result apply indian parent never custody indian child reading comports statutory text demonstrates icwa designed primarily counteract unwarranted removal indian children indian families see icwa primary goal implicated indian child adoption voluntarily lawfully initiated parent sole custodial rights nonbinding guidelines issued bureau indian affairs bia demonstrate bia envisioned standard apply termination custodial parent rights reading biological father able invoke case never legal physical custody baby girl time adoption proceedings pp section conditions involuntary termination parental rights respect indian child showing active efforts made provide remedial services designed prevent breakup indian family efforts proved unsuccessful consistent text applies indian family breakup precipitated terminating parental rights term breakup refers context discontinuance relationship american heritage dictionary ed ending effective entity webster third new international dictionary indian parent abandons indian child prior birth child never indian parent legal physical custody relationship discontinu ed effective entity end ed terminating indian parent rights situation breakup indian family long since occurred inapplicable interpretation consistent explicit congressional purpose setting certain standards removal indian children families bia guidelines section proximity condition outcome proceedings merits indian child continued custody parent strongly suggests phrase breakup indian family read harmony continued custody requirement pp section preferences inapplicable cases alternative party formally sought adopt child party adoptive couple sought adopt baby girl family south carolina biological father covered seek adopt baby girl instead argued parental rights terminated first place custody never sought baby girl paternal grandparents members cherokee nation indian families pp reversed remanded alito delivered opinion roberts kennedy thomas breyer joined thomas breyer filed concurring opinions scalia filed dissenting opinion sotomayor filed dissenting opinion ginsburg kagan joined scalia joined part opinion notice opinion subject formal revision publication preliminary print reports readers requested notify reporter decisions washington typographical formal errors order corrections may made preliminary print goes press adoptive couple petitioners baby girl minor child age fourteen years et al writ certiorari south carolina june justice alito delivered opinion case little girl baby girl classified indian cherokee baby girl classified way south carolina held certain provisions federal indian child welfare act required taken age months parents ever known handed biological father attempted relinquish parental rights prior contact child provisions federal statute issue demand result contrary state ruling hold bars involuntary termination parent rights absence heightened showing serious harm indian child likely result parent continued custody child apply relevant parent never custody child hold conditions involuntary termination parental rights respect indian child showing remedial efforts made prevent breakup indian family inapplicable parent abandoned indian child birth never custody child finally clarify provides placement preferences adoption indian children bar family like adoptive couple adopting indian child eligible candidates sought adopt child accordingly reverse south carolina judgment remand proceedings indian child welfare act icwa stat product rising concern consequences indian children indian families indian tribes abusive child welfare practices resulted separation large numbers indian children families tribes adoption foster care placement usually homes mississippi band choctaw indians holyfield congress found alarmingly high percentage indian families broken removal often unwarranted children nontribal public private agencies wholesale removal indian children homes prompted congress enact icwa establishes federal standards govern child custody proceedings involving indian children internal quotation marks omitted see also declaring icwa establishes minimum federal standards removal indian children families three provisions icwa especially relevant case first ny party seeking involuntary termination parental rights indian child state law must demonstrate active efforts made provide remedial services rehabilitative programs designed prevent breakup indian family efforts proved unsuccessful second state may involuntarily terminate parental rights indian child absence determination supported evidence beyond reasonable doubt including testimony qualified expert witnesses continued custody child parent indian custodian likely result serious emotional physical damage child third respect adoptive placements indian child state law preference shall given absence good cause contrary placement member child extended family members indian child tribe indian families ii case birth mother predominantly hispanic biological father member cherokee nation became engaged december one month later birth mother informed biological father lived four hours away pregnant learning pregnancy biological father asked birth mother move date wedding also refused provide financial support two married couple relationship deteriorated birth mother broke engagement may june birth mother sent biological father text message asking rather pay child support relinquish parental rights biological father responded via text message relinquished rights birth mother decided put baby girl adoption birth mother believed biological father cherokee indian heritage attorney contacted cherokee nation determine whether biological father formally enrolled inquiry letter misspelled biological father first name incorrectly stated birthday cherokee nation responded based information provided verify biological father membership tribal records working private adoption agency birth mother selected adoptive couple living south carolina adopt baby girl adoptive couple supported birth mother emotionally financially throughout pregnancy adoptive couple present baby girl birth oklahoma september adoptive father even cut umbilical cord next morning birth mother signed forms relinquishing parental rights consenting adoption adoptive couple initiated adoption proceedings south carolina days later returned baby girl returning south carolina adoptive couple allowed birth mother visit communicate baby girl undisputed duration pregnancy first four months baby girl birth biological father provided financial assistance birth mother baby girl even though ability indeed biological father made meaningful attempts assume responsibility parenthood period app pet cert sealed internal quotation marks omitted approximately four months baby girl birth adoptive couple served biological father notice pending adoption first notification provided biological father regarding adoption proceeding biological father signed papers stating accepted service contesting adoption app biological father later testified time signed papers thought relinquishing rights birth mother adoptive couple biological father contacted lawyer day signing papers subsequently requested stay adoption adoption proceedings biological father sought custody stated consent baby girl adoption moreover biological father took paternity test verified baby girl biological father trial took place south carolina family september time baby girl two years old family concluded adoptive couple carried heightened burden proving baby girl suffer serious emotional physical damage biological father custody see family therefore denied adoptive couple petition adoption awarded custody biological father december age months baby girl handed biological father never south carolina affirmed family denial adoption award custody biological father state first determined icwa applied case involved child custody proceeding relating indian child also concluded biological father fell within icwa definition held two separate provisions icwa barred termination biological father parental rights first held adoptive couple shown active efforts ha made provide remedial services rehabilitative programs designed prevent breakup indian family see also second concluded adoptive couple shown biological father custody baby girl result serious emotional physical harm beyond reasonable doubt citing finally stated even decided terminate biological father parental rights adoptionplacement preferences applied granted certiorari iii undisputed baby girl cherokee biological father right object adoption south carolina law see tr oral arg state law biological father consent adoption required south carolina held however biological father parent icwa two statutory provisions namely bar termination parental rights adoptive couple contends biological father parent inapplicable need therefore decide whether biological father parent see defining parent rather assuming sake argument parent hold neither bars termination parental rights section addresses involuntary termination parental rights respect indian child specifically provides termination parental rights may ordered proceeding absence determination supported evidence beyond reasonable doubt continued custody child parent indian custodian likely result serious emotional physical damage child emphasis added south carolina held adoptive couple failed satisfy make heightened showing biological father prospective legal physical custody likely result serious damage child emphasis added holding error section conditions involuntary termination parental rights showing regarding merits continued custody child parent emphasis added adjective continued plainly refers state justice sotomayor concedes post dissenting opinion hereinafter dissent continued means arried kept without cessation xtended space without interruption breach conne ct ion compact edition oxford english dictionary reprint ed compact oed see also american heritage dictionary defining continue following manner go particular action particular condition persist remain state capacity place webster third new international dictionary webster defining continued stretching time space esp without interruption aguilar fdic per curiam suggesting phrase continue action means go action preexisting term continued also mean resumed interruption webster see american heritage dictionary phrase continued custody therefore refers custody parent already least point past result apply cases indian parent never custody indian biological father contrary reading nonsensical pointing provision requirement termination parental rights may ordered absence determination relating continued custody child parent biological father contends determination relating continued custody inapposite cases custody statutory text prohibits termination see brief respondent birth father absurd think congress enacted provision permits termination custodial parent rights simultaneously prohibiting termination noncustodial parent rights statute draws distinction custodial noncustodial parents distinction surely provide greater protection noncustodial reading comports statutory text demonstrating primary mischief icwa designed counteract unwarranted removal indian children indian families due cultural insensitivity biases social workers state courts statutory text expressly highlights primary problem statute intended solve alarmingly high percentage indian families broken removal often unwarranted children nontribal public private agencies emphasis added see also explaining icwa establishes minimum federal standards removal indian children families emphasis added holyfield legislative history icwa thought relevant underscores act primarily intended stem unwarranted removal indian children intact indian families see explaining relevant purpose icwa protect best interests indian children promote stability security indian tribes families establishing minimum federal standards removal indian children families placement children foster adoptive homes emphasis added decrying wholesale separation indian children indian families discussing removal indian children parents pursuant sum adoption indian child voluntarily lawfully initiated parent sole custodial rights icwa primary goal preventing unwarranted removal indian children dissolution indian families implicated dissent fails dispute nonbinding guidelines issued bureau indian affairs bia shortly icwa enactment demonstrate bia envisioned standard apply termination custodial parent rights specifically bia stated child may removed simply someone else willing raise child likely better job instead must shown dangerous child remain present custodians guidelines state courts indian child custody proceedings fed reg emphasis added hereinafter guidelines indeed guidelines recognized applies custody evaluate see ibid issue qualified expert testimony required question whether serious damage child likely occur child removed reading biological father able invoke case never legal physical custody baby girl time adoption proceedings initial matter undisputed biological father never physical custody baby girl matter south carolina oklahoma law biological father never legal custody either see code ann unless orders otherwise custody illegitimate child solely natural mother unless mother relinquished rights child okla tit west cum supp except otherwise provided law mother child born wedlock custody child determined otherwise competent jurisdiction sum south carolina erred finding barred termination biological father parental rights section provides ny party seeking terminate parental rights indian child state law shall satisfy active efforts made provide remedial services rehabilitative programs designed prevent breakup indian family efforts proved unsuccessful emphasis added south carolina found biological father parental rights terminated adoptive couple demonstrated biological father provided remedial services accordance disagree consistent statutory text hold applies cases indian family breakup precipitated termination parent rights term breakup refers context discontinuance relationship american heritage dictionary ed ending effective entity webster defining breakup disruption dissolution component parts ending effective entity see also compact oed defining inter alia disruption separation parts disintegration indian parent abandons indian child prior birth child never indian parent legal physical custody relationship discontinu ed effective entity end ed termination indian parent rights situation breakup indian family long since occurred inapplicable interpretation like interpretation consistent explicit congressional purpose providing certain standards removal indian children families emphasis added see also holyfield addition bia guidelines confirm remedial services intended alleviate need remove indian child parents indian custodians facilitate transfer child indian parent see fed emphasis added interpretation also confirmed provision placement next condition outcome proceedings merits indian child continued custody parent three provisions appear adjacent strongly suggests phrase breakup indian family read harmony continued custody requirement see sav assn tex timbers inwood forest associates explaining statutory construction holistic endeavor provision may seem ambiguous isolation often clarified remainder statutory scheme none three provisions creates parental rights unwed fathers rights otherwise exist instead indian parents already part indian family provided access remedial services rehabilitative programs custody might continued way avoids placement termination parental rights words provision remedial services rehabilitative programs supports continued custody protected section sensible requirement applied state social workers might otherwise quick remove indian children indian families however unusual apply context indian parent abandoned child prior birth never custody child decision illustrates point south carolina held mandated measures attempting stimulate biological father desire parent prospective adoptive parents required engage bizarre undertaking stimulat ing biological father desire parent surely dissuade seeking adopt indian turn unnecessarily place vulnerable indian children unique disadvantage finding permanent loving home even cases neither indian parent relevant tribe objects sum south carolina erred finding barred termination biological father parental rights iv decision south carolina suggested terminated biological father rights preferences adoptive placement indian child applicable however failed recognize critical limitation scope section provides adoptive placement indian child state law preference shall given absence good cause contrary placement member child extended family members indian child tribe indian families contrary south carolina suggestion preferences inapplicable cases alternative party formally sought adopt child simply preference apply alternative party eligible preferred come forward case adoptive couple party sought adopt baby girl family south carolina see brief petitioners brief respondent birth father reply brief petitioners biological father covered seek adopt baby girl instead argued parental rights terminated first moreover baby girl paternal grandparents never sought custody baby girl see brief petitioners reply brief petitioners kittredge dissenting noting paternal grandparents parties action members cherokee nation indian families seek adopt baby girl even though cherokee nation notice intervened adoption proceedings see brief respondent cherokee nation reply brief petitioners indian child welfare act enacted help preserve cultural identity heritage indian tribes state reading act put certain vulnerable children great disadvantage solely ancestor even remote one indian state read biological indian father abandon child utero refuse support birth mother perhaps contributing mother decision put child adoption play icwa trump card eleventh hour override mother decision child best interests possible many prospective adoptive parents surely pause adopting child might possibly qualify indian icwa interpretation raise equal protection concerns plain text makes clear neither provision applies present context rebuttable adoption preferences apply alternative party formally sought adopt child therefore reverse judgment south carolina remand case proceedings inconsistent opinion ordered thomas concurring adoptive couple petitioners baby girl minor child age fourteen years et al writ certiorari south carolina june justice thomas concurring join opinion full write separately explain constitutional avoidance compels party case put forward plausible interpretation relevant sections indian child welfare act icwa however interpretations offered respondent birth father raise significant constitutional problems applied case decision avoids problems concur interpretation case arises contested adoption proceeding adoption proceedings adjudicated state family courts across country every day domestic relations area long regarded virtually exclusive province sosna iowa indeed whole subject domestic relations husband wife parent child belongs laws laws burrus nevertheless adoptive couple filed petition south carolina family finalize adoption baby girl birth father relinquished parental rights via text message birth mother claimed federal right icwa block adoption obtain custody icwa establishes federal standards govern child custody proceedings involving indian children ante icwa defines indian child unmarried person age eighteen either member indian tribe eligible membership indian tribe biological child member indian tribe relevant icwa defines child custody proceeding include adoptive placement means permanent placement indian child adoption including action resulting final decree adoption iv termination parental rights means action resulting termination relationship ii icwa restricts state ability terminate parental rights indian parent two relevant ways section prohibits state involuntarily terminating parental rights absence determination supported evidence beyond reasonable doubt including testimony qualified expert witnesses continued custody child parent indian custodian likely result serious emotional physical damage child section prohibits state terminating parental rights satisfied active efforts made provide remedial services rehabilitative programs designed prevent breakup indian family efforts proved unsuccessful third provision creates specific placement preferences adoption indian children favor placement indians adoptive families operating together requirements often lead different outcomes result state law precisely happened see ante undisputed baby girl cherokee biological father right object adoption south carolina law icwa recognizes inherent jurisdiction indian child custody proceedings asserts federal regulation necessary often failed recognize essential tribal relations indian people cultural social standards preailing indian communities families ibid however congress may regulate areas traditional state concern constitution grants power admt powers delegated constitution prohibited reserved respectively people threshold question whether constitution grants congress power override state custody law whenever indian involved ii icwa asserts indian commerce clause art cl constitutional authority provides congress plenary power indian affairs reference constitutional authority illuminating aware power even arguably support congress intrusion area traditional state authority see fletcher federal indian policy neb rev matter federal constitutional law indian commerce clause grants congress explicit constitutional authority deal indian tribes natelson original understanding indian commerce clause denver rev hereinafter natelson evaluating rejecting potential sources authority supporting congressional power indians assertion plenary authority must therefore stand fall congress power indian commerce clause although said central function indian commerce clause provide congress plenary power legislate field indian affairs cotton petroleum new mexico neither text original understanding clause supports congress claim plenary power indian commerce clause gives congress authority regulate commerce indian tribes art cl emphasis added time original constitution ratified consisted selling buying bartering well transporting purposes lopez thomas concurring see also johnson dictionary english language rev ed reprint defining commerce intercourse exchange one thing another interchange thing trade traffick hen federalists discussed commerce clause ratification period often used trade sense commerce interchangeably lopez supra thomas concurring term commerce include economic activity manufacturing agriculture let alone noneconomic activity adoption children furthermore term commerce indian tribes invariably used time founding mean indians see natelson citing sources report committee indian affairs feb journals continental congress pp hill ed hereinafter cong using phrase commerce indians mean trade indians regulation indian commerce generally referred legal structures governing conduct merchants engaged indian trade nature goods sold prices charged similar matters natelson indian commerce clause contains additional textual limitation relevant case congress given power regulate commerce indian tribes clause give congress power regulate commerce indian persons foreign commerce clause gives congress power regulate commerce foreign nationals traveling within straightforward reading text thus confirms congress may regulate commercial interactions commerce taking place established indian communities tribes power far plenary congress assertion plenary power indian affairs also inconsistent history indian commerce clause time founding clause understood reserve general police powers respect indians citizens several clause instead conferred congress much narrower power regulate trade indian tribes indians incorporated state revolution colonies adopted regulations governing indian trade see natelson citing colonial laws regulations necessary colonial traders often abused indian trading partners fraud exorbitant prices extortion physical invasion indian territory among things see prucha great father hereinafter prucha natelson abuses sometimes provoked violent indian retaliation see prucha mitigate conflicts colonies extensively regulated traders engaged commerce indian tribes see ordinance regulate indian affairs statutes south carolina early american indian documents treaties laws pp vaughan rosen eds time commercial regulation colonial level proved largely ineffective part uniformity among colonies two sets like regulations prucha recognizing need uniform regulation trade indians benjamin franklin proposed articles confederation continental congress july reflected view central control indian affairs predominate local control cong ford ed franklin proposal enacted november congress empowered committee draft regulations indian trade july committee submitted draft articles confederation congress incorporated many franklin proposals draft prohibited waging offensive war indians without congressional authorization granted congress exclusive power acquire land indians state boundaries boundaries version also gave congress sole exclusive right power regulating trade managing affairs indians id august committee whole presented congress revised draft provided congress sole exclusive right power regulating trade managing affairs indians delegates feared articles gave congress excessive power jurisdiction affairs indians residing within state boundaries deliberation final result clause included broad grant congressional authority two significant exceptions congress assembled shall also sole exclusive right power regulating trade managing affairs indians members provided legislative right state within limits infringed violated articles confederation art ix cl result congress retained exclusive jurisdiction indian affairs outside borders retained exclusive jurisdiction relations congress concurrent jurisdiction transactions tribal indians within state boundaries congressional decisions compliance local law natelson drafting articles confederation reveals delegates concern protecting power regulate indian persons politically incorporated concern state power reemerged drafting constitution drafting history constitutional convention also supports limited construction indian commerce clause july convention elected drafting committee committee detail charged report constitution conformable passed convention records federal convention farrand rev madison committee deliberations john rutledge chairman suggested incorporating affairs power constitution first draft reported back convention however provided congress authority regulate commerce foreign nations among several madison include specific indian affairs clause august james madison proposed federal government granted several additional powers including power regulate affairs indians well within without limits madison emphasis added august rutledge delivered committee detail second report modified madison proposed clause committee proposed add congress power regulate commerce foreign nations among several words indians within limits state subject laws thereof journal committee version echoed articles confederation far narrower madison proposal august revised draft submitted committee eleven action journal madison committee recommended adding commerce clause phrase indian tribes convention ultimately adopted thus clear framers constitution alert difference power regulate trade indians power regulate affairs limiting congress power former framers declined grant congress broad powers indian affairs conferred articles confederation see prakash tribal fungibility cornell rev ratification debates opposition indian commerce clause nearly nonexistent see natelson noting robert yates new york almost writer objected part commerce clause clear indication scope understood fairly narrow omitted given vehement opposition constitution grants power federal government silence revealing ratifiers almost certainly understood clause confer relatively modest power congress namely power regulate trade indian tribes living beyond state borders feature constitution welcomed federalists alike due considerable interest expanding trade indian tribes see federalist madison praising constitution removing obstacles existed articles confederation federal control trade indians emphasis added elliot debates several state conventions adoption federal constitution ed adam stephens virginia ratifying convention june describing indian tribes residing near mississippi variety articles might obtained advantage trading people federalist hamilton arguing frontier garrisons keys trade indian nations brutus letter documentary history ratification constitution kaminski saladino eds conceding must standing army purposes including trade indians little evidence ratifiers constitution understood indian commerce clause confer anything resembling plenary power indian affairs see natelson iii light original understanding indian commerce clause constitutional problems created application icwa evident first statute deals child custody proceedings commerce enacted response concerns alarmingly high percentage indian families broken removal often unwarranted children nontribal public private agencies perceived problem many indian children placed foster adoptive homes institutions ibid problem however nothing commerce second portions icwa issue regulate indian tribes tribes sections apply child custody proceedings involving indian child regardless whether indian tribe involved case thus directly implicate congress power legislate respect indian tribes lara emphasis added baby girl never domiciled indian reservation cherokee nation jurisdiction cf mississippi band choctaw indians holyfield holding indian tribe exclusive jurisdiction child custody proceedings even though children born reservation children domiciled reservation purposes icwa although birth father registered member cherokee nation live reservation either thus subject laws state resided oklahoma state daughter resided custody proceedings south carolina nothing commerce clause permits congress enact special laws applicable birth father merely status adoption proceedings like one involve neither commerce indian tribes simply constitutional basis congress assertion authority proceedings also notion congress direct state courts apply different rules evidence procedure merely person indian descent involved raises absurd possibilities plenary power allow congress dictate specific rules criminal procedure prosecutions indian defendants likewise allow congress substitute federal law state law contract disputes involve indians constitution grant congress power override state law whenever law happens applied indians accordingly application icwa child custody proceedings unconstitutional plausible interpretation relevant sections icwa avoids constitutional problems concur breyer concurring adoptive couple petitioners baby girl minor child age fourteen years et al writ certiorari south carolina june justice breyer concurring join opinion three observations first statute directly explain treat absentee indian father involvement child first months life category fathers may include prove highly unsuitable parents suitable range others fall within category seem fall outside scope language thus agree better reading statute majority concludes exclude fathers ante also understand risk policy perspective interpretation prove exclude many see post sotomayor dissenting second decide necessary thus case involve father visitation rights father paid child support obligations see post neither involve special circumstances father deceived existence child father prevented supporting child see post need view decide whether apply circumstances present third statutory provisions us may nonetheless prove relevant cases kind section grants adoptive preference member child extended family members indian child tribe indian families absence good cause contrary allows indian child tribe establish different order preference resolution provisions allow absentee father special statutory order preference support tribe subject consideration good cause raise try answer question scalia dissenting adoptive couple petitioners baby girl minor child age fourteen years et al writ certiorari south carolina june justice scalia dissenting join justice sotomayor dissent except one detail reject conclusion draws words continued custody literalness may strangle meaning see post reason continued must refer custody past rather custody future read provision requiring satisfy beyond reasonable doubt merely initial temporary custody likely result serious emotional physical damage child continued custody likely see webster new international dictionary ed defining continued rotracted time space esp without interruption constant reasons set forth justice sotomayor dissent connotation much accord rest statute add one thought opinion seems needlessly demeans rights parenthood constant practice common law respect entitlement bring child world raise child inquire whether leaving child parents best interest child sometimes better raised someone else parents rights less children father wants raise daughter statute amply protects right reason law policy dilute protection sotomayor dissenting adoptive couple petitioners baby girl minor child age fourteen years et al writ certiorari south carolina june justice sotomayor justice ginsburg justice kagan join justice scalia joins part dissenting casual reader opinion forgiven thinking easy case one text applicable statute clearly points way sensible result truth however path text indian child welfare act icwa result reaches anything clear result anything right reader first clue majority supposedly straightforward reasoning flawed members adopt interpretation believe compelled text statute see ante thomas concurring willing accept consequences necessarily beyond specific factual scenario confronted see ante breyer concurring second clue majority begins analysis plucking context single phrase last clause last subsection relevant provision builds entire argument upon ordinarily read statutes third clue majority openly professes aversion congress explicitly stated purpose enacting statute majority expresses concern reading act mean says make difficult place indian children adoptive homes see ante congress enacted statute announced intent stop alarmingly high percentage indian families broken among things trend plac ing indian children adoptive homes policy disagreement congress judgment valid reason distort provisions act unlike majority adopt reading icwa contrary text stated purpose respectfully dissent beginning reading last clause majority concludes single phrase appearing continued custody means entirety subsection inapplicable parent however committed previously physical legal custody child working back front majority concludes tainted association also inapplicable majority view family bond take custodial form family bond worth preserving breakup apparently limits contaminating power single phrase majority stop reading makes biological fathers parent federal statute phrase continued custody appear substantive force birth father physical legal custody daughter excludes noncustodial biological fathers act substantive protections textually backward reading misapprehends icwa structure scope moreover notwithstanding majority focus perceived parental shortcomings birth father reasoning necessarily extends indian parents never custody children matter fully parents embraced financial emotional responsibilities parenting majority thereby transforms statute intended provide uniform federal standards child custody proceedings involving indian children biological parents illogical piecemeal scheme better start beginning consider operation statute whole cf ante tatutory construction holistic endeavor provision may seem ambiguous isolation often clarified remainder statutory quoting sav assn tex timbers inwood forest associates icwa commences express findings congress recognized resource vital continued existence integrity indian tribes children found resource threatened state authorities insufficiently sensitive essential tribal relations indian people cultural social standards prevailing indian communities families breaking indian families moving indian children homes institutions see makes clear recognized mississippi band choctaw indians holyfield adoptive placements indian children families contributed significantly overall problem see finding alarmingly high percentage indian children placed adoptive homes consistent findings congress declared purpose protect best interests indian children promote stability security indian tribes families establishment minimum federal standards applicable child custody proceedings involving indian children section goes establish reach protections definitional provisions present purposes two definitions crucial understanding statute full scope first icwa defines term parent broadly mean biological parent indian child indian person lawfully adopted indian child undisputed baby girl indian child within meaning statute see ante birth father consequently qualifies parent act statutory definition parent include unwed father paternity acknowledged established birth father biological paternity never questioned party confirmed dna test state proceedings app pet cert sealed petitioners baby girl guardian ad litem devote many pages briefing arguing term parent defined reference law state icwa child custody proceeding takes place see brief petitioners brief respondent guardian ad litem arguments however inconsistent recognition holyfield congress intended critical terms statute uniform federal definitions see therefore unsurprising although far unimportant majority assumes purposes analysis birth father icwa parent see ante second act comprehensive definition child custody proceeding includes placement placement care placement also parental proceedings last category encompasses action resulting termination relationship ii emphasis added far clear birth father federally recognized status baby girl parent relationship subject protections act protections numerous birth father petitioned remove proceeding tribal example state obligated transfer absent objection birth mother good cause contrary see voluntary consent birth father gave baby girl adoption invalid unless written executed judge revocable time final decree adoption see center dispute sets forth procedural substantive standards applicable involuntary proceeding state including foster care placements indian children termination parental rights proceedings consider provisions order section requires party seeking termination parental rights indian child provide notice child parent indian custodian child tribe pending proceedings right intervention section mandates counsel provided indigent parent indian custodian termination proceeding section also gives part ies termination proceeding thanks always include biological father desires present right inspect material reports documents filed providing notice counsel access relevant documents statute ensures biological father meaningful participation adoption proceeding termination parental rights issue protections consonant principle recognized cases biological bond parent child meaningful natural parent desire right companionship care custody management children explained interest far precious property right santosky kramer internal quotation marks omitted see also infra although constitution compel protection biological father relationship taken steps cultivate nevertheless recognized biological connection offers natural father opportunity male possesses develop relationship offspring lehr robertson federal recognition relationship birth father child consistent icwa purpose providing greater protection familial bonds indian parents children state law may afford majority reasonably dispute icwa grants biological fathers parent right present termination parental rights proceeding views claims heard majority gives one hand takes away assumed uniform federal definition parent confers certain procedural rights majority illogically concludes icwa substantive protections available subset parent previously physical legal custody child statute support departure section provides party seeking effect foster care placement termination parental rights indian child state law shall satisfy active efforts made provide remedial services rehabilitative programs designed prevent breakup indian family efforts proved unsuccessful emphasis added words subsection requires attempt made cure familial deficiencies drastic measures foster care placement termination parental rights taken majority hold use phrase breakup indian family subsection means apply birth father previously custody child ante nothing capacious phrase licenses narrowing construction majority notes breakup means discontinuance relationship ante quoting american heritage dictionary ed far provisions expressly apply actions aimed terminating relationship exists birth father child extend meaningful protections logical matter relationship fully capable preserved via remedial services rehabilitation programs see infra nothing text subsection indicates blood relationship excluded category familial relationships provision aims save discontinuance majority reaching contrary conclusion asserts baldly indian parent abandons indian child prior birth child never indian parent legal physical custody ed termination indian parent rights ante says certainly statute section recognizes birth father baby girl parent conjunction icwa provisions establishes relationship protected federal law face broad definitions majority warrant substitute policy views congress saying exists birth father baby girl simply based hotly contested facts case views family bond insufficiently substantial deserve ibid majority interpretation confirmed provision placement next use phrase custody ante aspect majority argument regarding based icwa actual text rather layers assertion superimposed text conclusion majority draws juxtaposition provisions exactly backward section paired majority notes come heels requirement rehabilitative efforts reviewed language two provisions nearly identical subsection headed foster care placement orders subsection relevant provision headed parental rights termination orders subsection reads entirety termination parental rights may ordered proceeding absence determination supported evidence beyond reasonable doubt including testimony qualified expert witnesses continued custody child parent indian custodian likely result serious emotional physical damage child immediate inference drawn statute structure subsections work tandem rehabilitative efforts required subsection state authorities must attempt provide remedial services rehabilitative programs aimed avoiding foster care placement termination parental rights turn bar state authorities ordering foster care terminating parental rights curative efforts failed established child suffer serious emotional physical damage familial situation altered nothing subsections suggests limitation types parental relationships protected provisions nothing structure lead reader expect subsection introduce qualification indeed subsections opening lines refer back prior provisions phrase proceeding language indicates quite logically actions subsections apply apply still telling textual evidence yet come text subsection begins announcing termination parental rights may ordered unless specified evidentiary showing made repeat termination parental rights includes action resulting termination relationship ii emphasis added including relationship birth father icwa parent baby girl majority reading disregards act sweeping definition termination parental rights limited terminations custodial relationships entire foundation majority argument subsection apply lonely phrase continued custody simply bear interpretive weight majority place primary dictionary definition continued kept without cessation ante brackets omitted majority concludes apply cases indian parent never custody indian child ante emphasizing birth father never physical custody state law legal custody baby girl majority finds statute inapplicable ante literalness may strangle meaning utah junk porter see also robinson shell oil noting term may first blush seem unambiguous prove otherwise examined context statute whole light structure indicates subsection applicable actions subsections applicable use phrase proceeding start subsection reinforce structural inference finally provision explicit statement applies termination parental rights proceedings necessary conclusion word custody strictly denote custodial relationship one refers back act definitional section conclusion surprising section includes action resulting termination relationship within meaning child custody proceeding thereby belying congressional intent give term custody narrow exclusive definition throughout statute keeping structure language overall phrase continued custody sensibly read refer generally continuation relationship icwa parent child applying parent custody birth father argues determine whether party seeking termination parental rights established continuation relationship result serious emotional physical damage child majority willing assume sake argument birth father parent within meaning icwa majority fails account follows assumption majority repeatedly passes term termination parental rights defined clearly encompasses action aimed severing birth father relationship baby girl majority chooses instead focus phrases statutorily defined uses exclude birth father benefits parental status one must disregard statute use terms explicitly defined congress signal one distorting rather faithfully reading law question majority also acknowledge full implications assumption icwa parent apply discussion focuses birth father particular actions nothing majority reasoning limits manufactured class semiprotected icwa parents biological fathers failed support child mother pregnancy logic apply equally noncustodial fathers actively participated child upbringing consider indian father though never custody biological child visits pays child support suppose due deficiencies care child received custodial parent state placed child foster family proposed ultimate adoption clearly father parental rights terminated adoption go majority view notwithstanding fact father parent icwa receive benefit either presumably considering adoption petition apply standard determine whether termination parental rights appropriate whence standard come statute congress drafted according majority majority suggests might come state law see ante incongruous suppose congress intended patchwork federal state law apply termination parental rights proceedings congress enacted statute aimed protecting familial relationships indian parents children concluded state authorities often failed recognize essential tribal relations indian people cultural social standards prevailing indian communities families provided minimum federal standar termination parental rights demanding showing unfitness high clear convincing evidence standard norm see hollinger adoption law practice santosky might provide protections comparable required remedial efforts heightened standard termination parental rights many provide less reason believe congress wished leave protection parental rights subset icwa parent dependent happenstance particular child custody proceeding takes place apply statute construed totality commands standards congress provided termination icwa parent relationships ii majority textually strained illogical reading statute might explicable justified reason believe avoided anomalous results furthered clear congressional policy neither conditions present respect majority unusual apply rehabilitation requirement natural parent never custody child ante majority support bare assertion fact state child welfare authorities provide reunification services biological fathers previously custody notwithstanding south carolina imprecise interpretation provision see require prospective adoptive family undertake mandated rehabilitative efforts rather requires party seeking termination parental rights satisfy active efforts made provide appropriate remedial services words prospective adoptive couple make evidentiary showing undertake remedial outreach services might attempted indian child tribe state agency private adoption agency remedial efforts familiar requirement child welfare law including federal child welfare policy see requiring receiving federal funds foster care adoption assistance make reasonable efforts preserve reunify families prior foster care placement removal child home nothing bizarre ante placing party seeking terminate father parental rights burden showing step necessary well justified natural parents consequence erroneous termination parental rights unnecessary destruction natural family santosky event question nonissue case given family finding birth father fit proper person custody child demonstrated ability parent effectively possesses unwavering love child app pet cert sealed petitioners show rehabilitative efforts proved unsuccessful birth father need general level majority intimates icwa grants birth father undeserved windfall majority words icwa trump card play eleventh hour override mother decision child best interests ante implicit argument congress possibly intended recognize relationship birth father baby girl legally terminated either valid consent involuntary termination adoption proceed supposed anomaly illusory fact law least precisely time icwa law number still state arizona example requires notice adoption petition given potential father informed right seek custody rev stat west supp washington alleged father consent adoption required absent termination parental rights rev code rights may terminated upon showing clear cogent convincing evidence termination best interest child father withholding consent adoption contrary child best interests also father failed perform parental duties circumstances showing substantial lack regard parental obligations without doubt laws protecting biological fathers parental rights lead even outside context icwa outcomes painful distressing adoptive families lose much wanted child children must make difficult transition see adoption tobias recognizing award custody child biological father applicable state law paternity established result difficult painful necessity removing child home ever known hand rules recognize biological fathers valid interest relationship child see supra children reciprocal interest knowing biological parents see santosky describing foreclosure newborn child opportunity ever know natural parents los measured rules also reflect understanding biological bond parent child strong foundation stable caring relationship may built many jurisdictions apply custodial preference fit natural parent party lacking biological link see ex parte terry appeal opinion ferren stuhr stuhr neb michael cf smith organization foster families equality reform distinguishing natural parent liberty interest family privacy source intrinsic human rights foster parent parallel interest relationship child origins arrangement state partner outset preference founded presumption fit parents act best interests children troxel granville plurality opinion istorically law recognized natural bonds affection lead promote child ibid quoting parham balancing legitimate interests unwed biological fathers need stability child family situation difficult sure years taken different approaches problem like south carolina opted hew constitutional baseline established precedents require biological father consent adoption unless provided financial support pregnancy see quilloin walcott lehr however decided give rights biological fathers robust protection afford consent rights basis biological link child time icwa passed noted see supra icwa straightforward reading statute consistent law protected protect birth fathers rights vigorously reading hardly said generate anomaly icwa acknowledge product rising concern abusive child welfare practices resulted separation large numbers indian children families holyfield stands reason act render legal status indian father relationship biological child fragile instead grant degree protection commensurate robust majority also protests contrary result one reaches interfere adoption indian children ante claim perplexing central purpose icwa promote stability security indian families part countering trend placing alarmingly high percentage indian children foster adoptive homes institutions act accomplishes goal first protecting familial bonds indian parents children see supra second establishing placement preferences adoption take place see icwa interfere adoption indian children except extent attempts avert necessity adoptive placement makes adoptions indian children families less likely majority may consider scheme unwise principle construction licenses interpret statute view averting consequences congress expressly stated trying bring instead duty give faithful meaning language congress adopted light evident legislative purpose enacting law question graham county soil water conservation dist ex rel wilson quoting bornstein majority claims reading consistent primary purpose act majority view prevent dissolution intact indian families ante may however give effect congressional goals designate primary casting aside others classed secondary must apply entire statute congress written indications central among congress concerns enacting icwa removal indian children homes indian parents guardians custody see congress also recognized resource vital continued existence integrity indian tribes children observed holyfield icwa protects indian parents interests also indian tribes see tribe interest next generation citizens adversely affected placement indian children homes connection tribe whether children initially custody indian moreover majority focus intact families ante begs question congress set accomplish icwa ideal world perhaps parents perfect live parental responsibilities providing fullest possible financial emotional support children never suffer mental health problems lose jobs struggle substance dependency encounter multitudinous personal crises make difficult meet responsibilities ideal world parents never become estranged leave children caught middle live world even happy families always fit mold majority reserve iwca substantive protections unhappy families often families nonetheless congress understood much icwa definitions parent termination parental rights provided sweep broadly honored majority rely theory pressed petitioners guardian ad litem canon constitutional avoidance compels conclusion icwa inapplicable see brief petitioners brief respondent guardian ad litem instead finds statute ante majority nevertheless offers suggestion contrary result create equal protection problem ibid cf brief petitioners brief respondent guardian ad litem difficult make sense suggestion light precedents squarely hold classifications based indian tribal membership impermissible racial classifications see antelope morton mancari majority repeated analytically unnecessary references fact baby girl cherokee ancestry nothing elucidate intimation statute may violate equal protection clause applied see ante see also ante stating icwa put certain vulnerable children great disadvantage solely ancestor even remote one indian emphasis added see ground membership requirements federally recognized indian tribes independent political entities see santa clara pueblo martinez particularly averse federal government requires indian tribes prerequisite official recognition make descen historical indian tribe condition membership cfr majority treatment issue end create lingering mood disapprobation criteria membership adopted cherokee nation turn make baby girl indian child statute hints lurking constitutional problems account irrelevant statutory analysis accordingly need detain us longer iii affirm south carolina ground bars termination birth father parental rights reach question applicability adoptive placement preferences note however majority foreclose possibility remand baby girl paternal grandparents members cherokee nation may formally petition adoption baby girl parties remand birth father parental rights terminated adoption becomes possible entitled consideration order preference established majority rule prospectively apply adoption petition yet filed indeed statute applies adoptive placement indian child state law emphasis added contains temporal qualifications indeed odd result name child best interests cf ante purport exclude proceedings possible custodians baby girl paternal grandparents may relationships majority opinion turns upside reading bottom top order reach conclusion manifestly contrary congress express purpose enacting icwa preserving familial bonds indian parents children broadly indian tribes relationships future citizens vital continued existence integrity majority casts birth father responsible painful circumstances case suggesting intervened eleventh hour override mother decision child best interests ante wish minimize trauma removing child adoptive family bears remembering however birth father took action assert parental rights baby girl four months old soon learned impending adoption south carolina recognized ad mandate icwa followed much potential anguish might avoided case law applied automatically reward obtain custody whether lawfully otherwise maintain ensuing protracted litigation quoting holyfield majority hollow literalism distorts statute ignores congress purpose order rectify perceived wrong heartbreaking time correct application federal law case undone baby girl resided father months however difficult must leave adoptive couple home years old equally devastating age removed home sent live halfway across country fate foreordained course said certainty anguish case caused compounded today decision believe south carolina judgment correct affirm respectfully dissent footnotes undisputed baby girl indian child defined icwa unmarried minor eligible membership indian tribe biological child member indian tribe see brief respondent birth father brief respondent cherokee nation brief petitioners baby girl eligibility membership cherokee nation depends solely upon lineal blood relationship tribal ancestor also undisputed present case concerns child custody proceeding icwa defines include proceedings involve termination parental rights adoptive placement around time cherokee nation identified biological father registered member concluded baby girl indian child defined icwa cherokee nation intervened litigation approximately three months later according guardian ad litem biological father allowed baby girl speak adoptive couple telephone following day cut communication moreover according birth mother biological father made attempt contact since time took custody baby girl biological father parent icwa relate proceedings involving possible termination parental rights inapplicable conclude provisions inapplicable reasons however need decide whether biological father parent torrent words dissent attempts obscure fact interpretation simply squared statutory text biological father continued custody child assessed father never custody use different phrase termination parental rights change addition dissent reliance subsection headings post overlooks fact headings actually enacted congress see stat dissent criticizes us allegedly concluding biological father qualifies substantive statutory protections physical legal custody post dissent undercuts point numerous icwa provisions issue afford meaningful protections biological fathers regardless whether ever custody post nn effort rebut supposed conclusion congress possibly intended require legal termination biological father rights respect baby girl dissent asserts minority afford used afford protection similarly situated biological fathers see post emphasis added entirely beside point merely conclude based statute text structure congress extend heightened protections biological fathers fact state laws may provide certain protections biological fathers abandoned children never custody children way undermines analysis two federal statutory provisions dissent claims reasoning necessarily extends indian parents never custody children even parents visitation rights post initial matter dissent concern effect decision individuals visitation rights implicated relatively small class cases example interpretation implicate dissent concern case parent abandoned child prior birth never physical legal custody sort visitation rights moreover cases concern implicated parents might receive comparable protections state law see post event dissent interpretation consequences dissent reading biological parent even sperm donor enjoy heightened protections even abandoned mother child immediately conception post biological father solicitor general argue tribe state agency provide requisite remedial services brief respondent birth father brief amicus curiae adoptive parents undertake task dissent repeatedly mischaracterizes opinion detailed discussion terms icwa makes clear decision based olicy disagreement congress judgment post see also post section also provides case adoptive placement indian child tribe shall establish different order preference resolution agency effecting placement shall follow order long placement least restrictive setting appropriate particular needs child provided although need decide issue may case indian child tribe alter preferences way includes biological father whose rights terminated reformed see tribe take approach however still power determine whether good cause exists disregard tribe order preference see adoption ind sure employee cherokee nation testified cherokee nation certifies families adoptive parents approximately families ready take children want adopted record however testimony general statement regarding cherokee nation practices demonstrate specific indian family willing adopt baby girl let alone family formally sought adoption south carolina courts see reply brief petitioners see also brief respondent cherokee nation footnotes south carolina example required traders licensed good moral character post bond ordinance regulate indian affairs early american indian documents potential applicant name posted publicly issuing license anyone objections opportunity raise restrictions placed employing agents names potential agents disclosed traders violated rules subject substantial penalties although indians generally considered members state paid taxes citizens see natelson precise definition term yet settled time founding question frequent perplexity contention councils federalist rossiter ed madison petitioners guardian ad litem contend applying icwa child custody proceedings basis race implicates equal protection concerns see brief petitioners arguing statute unconstitutional unwed fathers preexisting substantive parental rights receive statutory preference based solely indian child race brief respondent guardian ad litem need address argument satisfied congress lacks authority regulate child custody proceedings case footnotes reason south carolina held birth father give valid consent baby girl adoption four months birth signed papers stating accepted service contesting adoption see see also ante petitioners challenge aspect south carolina holding petitioners concede assuming birth father parent icwa notice counsel provisions apply see tr oral arg majority discussion repeatedly references birth father purported abandon ment baby girl ante contends holding regard provision limited circumstances see ante see also ante breyer concurring welcome limitations majority holding given contrary language purpose statute majority never explains either textual basis precise scope abandon ment limitation expect majority inexact use term abandon ment sow confusion commonly used term art state family law uniform meaning state state see generally hollinger adoption law practice ii discussing various standards establishing parental abandonment child full text subsection follows foster care placement may ordered proceeding absence determination supported clear convincing evidence including testimony qualified expert witnesses continued custody child parent indian custodian likely result serious emotional physical damage child reasons reject argument advanced subsection applies circumstances case subsection see brief amicus curiae position contrary interrelated nature reading proposes case one curative provision stand alone icwa provide evidentiary substantive standards measure whether foster care placement termination parental rights ordered event rehabilitative efforts succeed scheme oddly incomplete majority interpretation unpersuasive even one focuses exclusively phrase continued custody justice scalia explains ante dissenting opinion nothing adjective continued mandates retrospective rather prospective application standard majority overlooks birth father principal arguments dismisses reading nonsensical ante argue one accepts petitioners view impossible make determination likely harm parent lacks custody consequence termination parental rights may ordered brief respondent birth father quoting birth father primary arguments assume indeed possible make determination likely harm circumstances case parental rights terminated met see majority attempts minimize consequences holding asserting relationships noncustodial fathers visitation rights stake icwa proceeding relatively small class cases ante offers support assertion beyond speculating many fathers affected interpretation qualified abandon ment limitation ibid tellingly majority nothing say despite fact interpretation provision limited similar way event example means exhausts class semiprotected icwa parents majority opinion creates also includes example biological fathers yet established relationship child child mother never informed pregnancy see termination parental rights biological parents baby boy ok told falsely pregnancy ended miscarriage termination see child hope llc doe app otherwise obstructed father involvement child life see baby girl mo app birth mother moved inform father whereabouts petition doe father paid pregnancy expenses birth mother cut contact told child died shortly birth includes biological fathers contribute pregnancy expenses unable whether father lacked sufficient means expenses covered third party birth mother pass relevant bills see adoption ut app majority expresses concern reading statute produce consequences even sperm donor entitled icwa protections ante examples women go trouble expense artificial insemination carry child term put child adoption found unfit mothers state authorities attempt involuntary adoptive placement thereby necessitating termination parental rights sperm donor father majority cite possibly overinclusive interpretation statute covers unlikely class cases majority underinclusive interpretation real consequence denying icwa protections noncustodial biological fathers surely majority reading contrary icwa design exceptions relevant final decree adoption may entered one two things must happen biological parents must either voluntarily relinquish parental rights rights involuntarily terminated haralambie handling child custody abuse adoption cases ed omitted see cal welf inst code ann west supp francisco superior cal app cal rptr stating juvenile order reunification services biological father determines services benefit child app describing reunification services provided biological father beginning yet establish paternity state law including efforts facilitate visitation involving father family guardianship dmh discussing constitutes reasonable efforts reunify noncustodial biological father children accordance new jersey statutory requirements bernard stating appropriate circumstances department children services must make reasonable efforts reunite child biological parents legal parents even child putative biological father majority concerns might happen state tribal authority stepped provide remedial services therefore irrelevant ante general matter parent rights obstacle adoption safeguards rights must honored irrespective prospective adoptive parents understandable valid desire see adoption finalized must remember purpose adoption provide home child child home petition doe heiple supplemental opinion supporting denial rehearing see rev stat ann west supp consent natural parents necessary iowa code comp ch west rev stat laws stat natural father consent required paternity acknowledged judicially established stat rev stat codified laws allen smith natural father consent required mother identifies paternity judicially established rev stat ann supp code michie natural father consent required paternity judicially established stat natural father consent required identified birth certificate paternity judicially established paternity asserted affidavit rev stat ann natural father consent required files notice intent claim paternity within set time notice prospective adoption rev code natural father consent required paternity acknowledged judicially established files notice intent claim paternity within set time notice prospective adoption code ann michie supp natural father consent required father admits paternity means see also del code tit michie supp natural father consent required unless finds dispensing consent requirement best interests child wyo stat ann michie see also rev stat bears emphasizing icwa standard termination parental rights birth father claims benefit protective step clear convincing standard generally applied state courts termination parental rights sought birth father claim entitled custody baby girl unless petitioners satisfy demanding standard see brief respondent birth father question custody analyzed independently south carolina course often case custody subsequently granted child fit parent consistent presumption natural parent act best interests child see supra birth father registered member cherokee nation fact birth mother aware time pregnancy informed attorney see justice thomas concurs majority interpretation although finds statute susceptible one plausible reading believes majority reading avoids significant constitutional problems concerning whether icwa exceeds congress authority indian commerce clause ante party advanced argument inconsistent precedents holding congress broad general powers legislate respect indian tribes powers consistently described plenary exclusive founded indian commerce clause also treaty clause lara internal quotation marks omitted