In re Interest of Shayla H. et al., May 20, 2014 (Nebraska)

Synopsis provided by Westlaw: The Department of Health and Human Services (DHHS) initiated dependency proceedings concerning father’s three children. The Juvenile Court, Lancaster County, Linda S. Porter, J., entered dispositional order ordering a change of family therapist, declined to return legal custody of the children to father, and made specific ordered related only to father. Father appealed.

Holdings provided by Westlaw: The Court of Appeals, Moore, J., held that:
(1) the Indian Child Welfare Act’s (ICWA) active efforts standard, rather than the Nebraska Indian Child Welfare Act’s (NICWA) reasonable efforts standard, applied to dependency proceeding, and
(2) the rehabilitation plan provision that precluded father from using any unapproved form of physical discipline and ensuring the children always had adult supervision was reasonable.
Affirmed in part, reversed in part, and remanded.
Read the decision at the National Indian Law Library website.