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ICWA

Filed on
Friday, November 14, 2014
SUMMARY: The active efforts standard in ICWA and NICWA applies at any point in an involuntary juvenile proceeding involving an Indian child at which a party is required to demonstrate its efforts to reunify or prevent the breakup of the family. In May 2013, David H.’s three minor children were...Read more
Filed on
Tuesday, October 21, 2014
Summary: In an opinion written by Judge Irwin, the Court of Appeals affirmed the Scottsbluff County Juvenile Court decision, which terminated the parental rights of Nathaniel V. over his son Eyllan J. The Nebraska Indian Child Welfare Act (NICWA) applied to the case and at issue was whether: the...Read more
Filed on
Tuesday, October 21, 2014
Summary: In an opinion written by Judge Irwin, the Court of Appeals affirmed the Scottsbluff County Juvenile Court decision, which terminated the parental rights of Nathaniel V. over his son Eyllan J. The Nebraska Indian Child Welfare Act (NICWA) applied to the case and at issue was whether: the...Read more
Filed on
Tuesday, June 24, 2014
SUMMARY: In adjudication cases, the proof required for active efforts under ICWA is by a preponderance of the evidence. Active efforts were provided in this case; however, removal of the children was improper because there was not evidence of serious emotional damage as required under ICWA. A court...Read more
Filed on
Friday, June 13, 2014
SUMMARY: Termination of parental rights was proper where the mother did not make notable progress in her case plan and continued to use methamphetamine daily. It was not a conflict of interest for the relative adoptive parent to work in the child support section of the county attorney office...Read more
Filed on
Tuesday, May 20, 2014
SUMMARY: The active efforts requirement of ICWA applies even after the children are returned home to the parent.Rehabilitation plan requirements on medical care were not relevant to the adjudication of inappropriate discipline. Shayla H., DOB 8/01, Shania H., DOB 8/03, and Tanya H., DOB 9/04, were...Read more
Filed on
Tuesday, April 22, 2014
SUMMARY: The State’s 3a petition and motion for temporary custody should have been dismissed for failure to set forth allegations under ICWA because the State knew or should have known that ICWA applied. Avery, age 13, and Izabel, age 10, are the children of Katherine. On August 14, 2013, the State...Read more
Filed on
Wednesday, January 22, 2014
SUMMARY: Termination of a father’s parental rights under the Nebraska Child Welfare Act was proper when active efforts had been undertaken, future efforts would be futile, and placement with the father would likely result in emotional and physical harm. In addition, the father was incarcerated,...Read more
Filed on
Tuesday, January 14, 2014
SUMMARY: Juvenile court abused its discretion in denying a motion to transfer to tribal court in a termination of parental rights proceeding where the Nebraska Indian Child Welfare Act applied because the termination proceeding is separate from the foster care placement proceedings for the “late...Read more
Filed on
Tuesday, December 31, 2013
SUMMARY: Termination of parental rights was proper in an ICWA case where the children were out of home 39 months and had special needs that required a stable home, and the parents consistently failed to follow through on services despite being given much assistance. Shane, born in 2003, Lena, born...Read more

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