A.S. was diagnosed at birth as suffering from FAS. His mother had an alcohol problem, and abandoned the child in the hospital.

A.S.'s aunt and her husband assumed responsibility for A.S., in a manner consistent with the customs of the Athabascan natives. The state of Alaska subsequently attempted to take A.S. away from the Graybeals. The court held the Graybeal's rights under the Indian Child Welfare Act, 25 U.S.C. $ 1912(a), had been violated by the state. The court's decision did not rest on the fact that the child had FAS.