25 CFR § 23.131 - What placement preferences apply in foster-care or preadoptive placements?
(a) In any foster-care or preadoptive placement of an Indian child under State law, including changes in foster-care or preadoptive placements, the child must be placed in the least-restrictive setting that:
(1) Most approximates a family, taking into consideration sibling attachment;
(2) Allows the Indian child's special needs (if any) to be met; and
(3) Is in reasonable proximity to the Indian child's home, extended family, or siblings.
(b) In any foster-care or preadoptive placement of an Indian child under State law, where the Indian child's Tribe has not established a different order of preference under paragraph (c) of this section, preference must be given, in descending order as listed below, to placement of the child with:
(1) A member of the Indian child's extended family;
(2) A foster home that is licensed, approved, or specified by the Indian child's Tribe;
(3) An Indian foster home licensed or approved by an authorized non-Indian licensing authority; or
(c) 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, so long as the placement is the least-restrictive setting appropriate to the particular needs of the Indian child, as provided in paragraph (a) of this section.