Orders

Rule 9(a)(3) . "Good cause" is defined pursuant to 25 C.F.R. § 23.132 (effective December 12, 2016). There are two sets of placement preferences. In adoptive placements, where the Indian child's tribe has not established a different order of preference, placement preferences for the child must descend as follows: 1) a member of the Indian child's extended family; 2) other members of the Indian child's Tribe; or 3) other Indian families. 25 C.F.R. § 23.130(a) . If the Indian child's Tribe has established by resolution a different order of preference than that specified in ICWA, the Tribe's placement preferences apply. 25 C.F.R. § 23.130(b) . The court must, where appropriate, also consider the placement preference of the Indian child or Indian child's parent. 25 C.F.R. § 23.130(c) (effective December 12, 2016). In any foster care or pre-adoptive placement, including changes in foster-care or pre-adoptive placement, the child must be placed in the least restrictive setting that most approximates a family, taking into consideration sibling attachment; that allows the Indian child's special needs (if any) to be met; and is in reasonable proximity to the Indian child's home, extended family, or siblings. In any foster care or pre-adoptive placement, including changes in foster care or pre-adoptive placement, where the Indian child's Tribe has not specified a different order, placement preferences for the child must descend as follows: 1) a member of the Indian child's extended family; 2) a foster home licensed, approved or specified by the Tribe; 3) an Indian foster home licensed or approved by an authorized, non-Indian licensing authority; and 4) an Indian institution. The court must, where appropriate, also consider the preference of the Indian child or the Indian child's parent. See Indian Child Welfare Act 25 U.S.C. §1915 ; 25 C.F.R. §§ 23.130-134 (effective December 12, 2016). Rule 9(e). See G.L. c. 119, § 29B(c) ("the court shall retain jurisdiction until it finds, after a hearing at which the person is present unless the person chooses otherwise, that a satisfactory transition plan has been provided for the person").