The defining factor with the current laws should be whether or not the child qualifies to be a full tribal member. If the child does not qualify to be part of the tribe it would have the worst of everything, would never be accepted by the N.A. community.
If a child qualifies to belong to a tribe, with full benefits then that child should not be placed with anyone that is outside the tribe. If the tribes cannot foster their own children and adopt their own children then the law should be changed so non tribal members can adopt. The system as it is now is unfair to everyone involved and accomplishes nothing but make libs feel better.
Without being a full tribal member the child will not learn language, customs, and heritage which was the point of the law.
In this case this is just cruel and certainly NOT in the best interests of the child. The time to be concerned about this child’s N.A. heritage should have been at birth or when she was first placed in the system.
The defining factor has nothing yo do with the tribes, it has to do with the child and ONLY the child. Her family is the one who has nurtured and raised her.