Synopsis provided by Westlaw: After juvenile court granted state agency temporary custody of child and ordered that she be removed from mother’s care, State filed a petition for adjudication alleging that child lacked proper parental care and/or that child was in a situation dangerous to life or limb or injurious to her health or morals. In a hearing on the applicability of Indian Child Welfare Act (ICWA), the Separate Juvenile Court, Lancaster County, Toni G. Thorson, J., determined that the ICWA applied to the adjudication proceeding. Child’s guardian ad litem (GAL) appealed.
Holding provided by Westlaw: The Supreme Court, Cassel, J., held that juvenile court’s determination that the ICWA and the Nebraska Indian Child Welfare Act (NICWA) were applicable to adjudication proceedings did not a affect a substantial right.
Read the full decision at the National Indian Law Library website.