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ICWA

Articles tagged with: ICWA

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  • In re Interest of Leslie S. et al.

    Filed on August 4, 2009
    770 N.W.2d 678, 17 Neb. App. 828
    SUMMARY: The juvenile court did not err in denying transfer of the case to tribal court because the case was in its advanced stages (i.e., termination of parental rights), the father did not file the motion to transfer until 2 years into the case, and [...]

  • In re Interest of Elias L.

    Filed on June 26, 2009
    767 N.W.2d 98, 277 Neb. 1023
    SUMMARY: Under its right to intervene in ICWA proceeding, a Tribe’s designated representative does not have to be authorized to practice law and may fully participate in proceedings. 
    The Ponce Tribe of Nebraska made a motion to intervene in child custody proceedings involving Indian children. The [...]

  • In re Interest of Shayla H. et al.

    Filed on March 10, 2009
    764 N.W.2d 119, 17 Neb. App. 436
    SUMMARY: In a case involving the Indian Child Welfare Act (ICWA), the State must amend its pleadings to reflect the standards required under ICWA regardless of whether the court nevertheless makes the required findings. A DHHS caseworker with 11 years of experience and history [...]

  • In re Interest of Bianca H. and Eternity H.

    Filed on November 25, 2008
    Not designated for permanent publication
    A-08-651, A-08-652
    SUMMARY: The motions to transfer to tribal court were properly denied for good cause because the child were not Indian Children under ICWA at the time of the hearing and because the tribal social service agencies did not have appropriate and necessary services available for the [...]

  • Iowa Supreme Court rules in Indian adoption case

    http://www.radioiowa.com/2008/06/13/iowa-supreme-court-rules-in-indian-adoption-case/
    Friday, June 13, 2008, 10:52 AM
    By Darwin Danielson

    The Iowa Supreme Court says the state’s rules involving the adoption of an Indian child are unconstitutional. The case involves a 20-year-old Sioux City woman who is a member of Tyme Maidu Indian tribe in California.
    The woman gave birth to a baby girl in [...]

  • In re Interest of Lawrence H.

    Filed Tuesday, 11 December 2007
    16 Neb. App. 246, 743 N.W.2d 91
    A-07-592

    SUMMARY: When a motion to transfer to juvenile court is filed, subsequent hearings cannot be held absent a finding of good cause. 

    A 3(a) petition was filed alleging that the child was a member of an Indian tribe and that parental rights should be terminated [...]

  • Lincoln - ICWA Presentation

    Federal Indian Child Welfare Act
    ICWA Resource List for Nebraska
    Oregon’s Active Efforts Principles and Expectations
    Presentation Power Point Slides

  • Norfolk - ICWA Presentation

    Federal Indian Child Welfare Act
    ICWA Resource List for Nebraska
    Oregon’s Active Efforts Principles and Expectations
    View the presentation power point

  • In re Adoption of Kenten H

    Filed Jan 5 2007
    Nebraska Supreme Court
    272 Neb. 846; 725 N.W.2d 548
    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 [...]

  • In re Interest of Walter W.

    Filed on July 11, 2006
    14 Neb. App. 891, 719 N.W.2d 304
    SUMMARY: “The stated purposes of the ICWA are best served by allowing parents to raise, in their direct appeal from a termination of parental rights, the issue of the State’s failure to notify the child’s Indian tribe of the termination of parental rights proceedings as [...]