# In Re Adoption of SW

> Court of Civil Appeals of Oklahoma · September 18, 2001 · 73 O.B.A.J. 719

URL: https://www.frixlaw.com/law-library/cases/9789204

## Case

- **Full name:** In the Matter of the ADOPTION OF S.W. and C.S., Minor Children. in the Matter of S.W., a Child Under 18 Years of Age. in the Matter of C.S., a Child Under 18 Years of Age, Cherokee Nation, Appellant, v. State of Oklahoma, Mark and Catherine Cunningham, and S.W. and C.S., Appellees
- **Court:** Court of Civil Appeals of Oklahoma
- **Decided:** September 18, 2001
- **Citations:** 73 O.B.A.J. 719; 41 P.3d 1003; 2002 OK CIV APP 26; 2001 Okla. Civ. App. LEXIS 154; 2001 WL 1804137
- **Precedential status:** Published
- **Opinion:** Concurring in part by Taylor
- **Judges:** Keith Rapp
- **Cited by:** 13 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9789204

## How later opinions describe it (automated extraction)

- noting that “when the best interests standard is used, care must be taken to avoid a purely Anglo-American point of view” (footnote omitted)

## Opinion text

TAYLOR, J.,
concurring in part and dissenting in part.
{ 1 I concur with the majority's decision to reverse the trial court's order denying transfer of the proceedings to the tribal court. However, I would reverse and remand with instructions for the trial court to sustain the Cherokee Nation's petition to transfer the case to the tribal court because the Appellees failed to show the existence of any good cause to deny the petition for transfer. 25 U.S.C. § 1911 (b).
T2 It also appears that placement preferences and other requirements of the Indian Child Welfare Act, 25 U.S.C. § 1901 through § 1963, have not been followed.
T3 This case can be adequately presented in the tribal court without any undue hardship to the parties or witnesses.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9789204. Public record. Not legal advice.