 "Foster care placement" is defined as "any action removing an Indian child from its parent or Indian custodian for temporary placement in a foster home or institution or the home of a guardian or conservator where the parent or Indian custodian cannot have the child returned upon demand, but where parental rights have not been terminated".The US Supreme Court issued a decision pertaining to the ICWA in the case "Adoptive Couple v. Baby Girl", on June 25, 2013.In a 5-4 opinion delivered by Justice Samuel Alito, the Supreme Court held that the heightened standard of deferring to tribal jurisdiction, required under § 1912(f) of ICWA does not apply when the parent in question never had physical or legal custody of the child.