Nature of the Case
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Facts
A child was born to a mother with a blood alcohol level of .275. The biological father was unknown, but the mother was an Indian as defined by the ICWA. DFYS took custody of the child shortly after the birth and filed a Child in Need petition based on the mother's homelessness and high blood alcohol level. The Noatak Village was notified of the petition to terminate parental rights in 1990. The child had symptoms of Fetal Alcohol Syndrome, but it was determined that the child did not have it but that the prenatal exposure had put the child at risk for developmental delay and learning and behavioral problems. The child lived at four different foster homes before she was adopted by the Hartleys in 1992. While in foster care, the mother indicated a preference to have her cousin or the Hartleys or three other people to adopt the child. Her cousin was first place in line according to the ICWA. A home study also found that the cousin should be the first choice. The trial to terminate parental rights was held in 1991. The Hartleys were chosen to adopt, and that was supported by the mother. The mother had never been to Noatak for several years, and she wanted her child to live away from the area. The guardian ad litem testified that the best interests of the child were with the Hartleys. The adoption was to be an open adoption. The decree was granted, and this appeal followed.
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