| E. Highest Standard |
| 25 U.S.C. § 1921 |
If
federal or
state law provides a higher standard of protection of rights for a
parent,
Indian child, or Indian custodian, than provided for in the ICWA, those
rights
apply. For example,
Colorado law mandates the
appointment of a guardian ad litem for all children in dependency and
neglect
proceedings and therefore would control over the ICWA standards to
appoint a
guardian ad litem only if doing so is in the child’s best interests.
|