The defining factor has nothing yo do with the tribes, it has to do with the child and ONLY the child. Her family is the one who has nurtured and raised her.
It has everything to do with the tribe, they want the law to keep children in the tribe, raised with tribal customs and traditions. Obviously they have not and cannot now take this child in so the law needs to be changed. With the law should come great responsibility and the tribe is not stepping up and did not when she needed them before this family took her in. That was the time for the tribe to get involved.
This child was failed by the tribe when she needed a home several years ago, now they should stay out of it and let her have the home she has.
The intent of the law is not being followed or she would have been fostered/adopted by a tribal member from the beginning. This law needs to be repealed, it is not in the best interest of the children.