October 26, 2018
Synopsis from Westlaw: Maternal grandparents and guardians of minor child brought petition seeking to terminate parental rights and to adopt the child whose mother was member of Indian tribe. The County Court, Saunders County, Patrick R. McDermott, J., denied petition. Grandparents appealed.The Supreme Court, 295 Neb. 213887 N.W.2d 859, reversed and remanded. On remand the County Court found father had abandoned child, terminated parental rights, and granted adoption petition. Father appealed.
Holdings from Westlaw: The Supreme Court, Heavican, C.J., held that:
1) clear and convincing evidence established that maternal grandparents used active efforts to provide remedial services and rehabilitative programs designed to unite father and Indian child;
2) evidence supported finding that father had abandoned child;
3) evidence supported finding that it was in the best interest of Indian child to be adopted by maternal grandparents; and
4) vacation of adoption decree and remand was warranted based on the trialcourt’s failure to comply with statutory adoption procedures.
Affirmed in part, vacated in part, and remanded with directions.
Read the full decision at the National Indian Law Library website.