That's the reason the Brackeen lawsuit exists, though -- the authorities did find a Native foster family for one of their foster children when she was quite young and they were suing to prevent her being taken there. On a human level, I understand that it's awful to say goodbye to the baby you've cared for. But they signed up for foster parenting, they had to take classes, and they either learned about how ICWA works there or they had terrible instructors. Foster parents aren't usually able to adopt for a lot of reasons, not just ICWA -- this is literally what they signed up for.