Valerie M. v. Ariz. Dept. of Econ. Sec
In Valerie M. v. Ariz. Dept. of Econ. Sec., 219 Ariz. 331, 335,16, 198 P.3d 1203, 1207 (2009) the Arizona Supreme Court rejected the argument that ICWA's "beyond a reasonable doubt" standard "applied to all state-law findings."
Instead, it concluded that ICWA not only "left to the states the identification of the grounds for termination" but "contemplated that procedures in Indian child custody cases would vary among the states" and "did not expressly address the burden of proof applicable to findings required by state law." Id. at17.