SUMMARY: “An adoption cannot be vacated under NICWA where the tribe’s entry into the proceedings is untimely.”

The biological mother of Kenten H, relinquished her parental rights to Kenten H to the Department of Health and Human Services. She later petitioned the county court to vacate the adoption of the child pursuant to the Nebraska Indian Child Welfare Act (NICWA) and because she claimed a “relinquishment to adoption” was fraudulently obtained from her. The county court granted a motion to dismiss for failure to state a claim but the Nebraska Supreme Court reversed. The Court concluded that since the tribe’s entry into the case was not timely, the adoption could not be vacated on NICWA grounds. However, the allegation that the mother’s consent was obtained by fraud or duress could not be dismissed for failure to state a claim.