indianz.com your internet resource indianz.com on facebook indianz.com on twitter indianz.com on Google+
ph: 202 630 8439
Fredericks Peebles & Morgan LLP
Advertise on Indianz.Com
Home > News > Headlines
Print   Subscribe
Nebraska Supreme Court transfers child case to Omaha Tribe
Monday, December 17, 2012
Filed Under: Law
More on: icwa, nebraska, omaha
 
The Nebraska Supreme Court on Friday transferred an Indian Child Welfare Act to the Omaha Tribe.

Lower courts previously said the tribe waited too long to intervene in proceedings involving two siblings. But the Nebraska Supreme Court noted that the tribe joined as soon as termination of parental rights proceedings began in state court.

"Here, the relevant proceedings commenced on February 7, 2011, when the state filed its motions to terminate parental rights. The tribe intervened and requested transfer of both cases by March 1," the decision stated.

The decision also noted that a lower court determined that it was in the "best interests" of the children to keep the case from the tribe. The children had been out of their parents' home for two years and were apparently kept in a foster home that respected their tribal heritage, according to the ruling.

The Nebraska Supreme Court, however, said state courts can't use the "best interests" test to avoid one of the main goal of ICWA -- to allow tribes to determine the fate of their children. A prior case on the issue was overruled.

"Stated another way, recognizing best interests as 'good cause' for denying transfer permits state courts to decide that it is not in the best interests of Indian children to have a tribal court determine what is in their best interests. By enacting ICWA, Congress clearly stated otherwise," the decision stated.

Chief Justice Michael Heavican, a former U.S. Attorney General for Nebraska, filed a dissent. He said the tribe's involvement came too late and so it would be in the best interests of the children to keep the case in the state court system.

Get the Story:
Decision on 2 sisters' future will be left to tribe (The Omaha World-Herald 12/15)

Nebraska Supreme Court Decision:
In re Interest of Zylena R. and Adrionna R (December 14, 2012)


Copyright © Indianz.Com
More headlines...
Stay Connected:

Local Links:
Federal Register | Indian Gaming | Jobs & Notices | In The Hoop | Message Board
Latest News:
Native Sun News: Agency weighs uranium mine near sacred site (9/30)
Jim Abourezk: South Dakota tribes can put Rick Weiland in office (9/30)
Cherokee chief participated in live pigeon shoot for Sen. Inhofe (9/30)
Andre Cramblit: Another year brings challenges for our people (9/30)
Editorial: Long delayed trust fund settlement for Navajo Nation (9/30)
North Dakota tribe sees big problems as energy industry grows (9/30)
Opinion: Working with New Mexico tribes to protect sacred sites (9/30)
American Gaming Association includes tribes in economic report (9/30)
Editorial: Vote yes to support North Fork Rancheria gaming deal (9/30)
Editorial: Florida shouldn't take a gamble with casino expansion (9/30)
Tim Giago: All Indian people ask is for America to honor treaties (9/29)
Native Sun News: Tribes take on IRS and win battle over taxation (9/29)
Mark Trahant: Indian vote could bring a surprise in South Dakota (9/29)
Tribal General Welfare Exclusion Act signed into law by Obama (9/29)
Obama signs law for settlement with Pyramid Lake Paiute Tribe (9/29)
Chelsey Luger and Gyasi Ross: Transforming the spirit of suicide (9/29)
Migizi Pensoneau: Behind the scenes at a Washington NFL game (9/29)
Donna Ennis: Ancestor starting asking about trust fund in 1900s (9/29)
Steven Newcomb: Indigenous conference yields power to states (9/29)
Kyle Mays: Rejecting narrowminded views of indigenous studies (9/29)
Brian Pierson: Tribal preference ruling strengthens sovereignty (9/29)
Thousands missing out on share of Cobell settlement payments (9/29)
Navajo presidential candidate in doubt over fluency in language (9/29)
Oneida Nation repeats history with women in top leadership jobs (9/29)
Al Jazeera: Tribes working together to restore bison to their land (9/29)
Indian Time: Oklahoma Indian museum expected to be big draw (9/29)
Column: Washington team should be worried about FCC petition (9/29)
Opinion: NMAI exhibit finally puts federal-tribal dealings to light (9/29)
Gun Lake Tribe hails new law that protects casino from litigation (9/29)
Former mayor remains hopeful on Los Coyotes Band casino bid (9/29)
Chumash Tribe awards $112M contract as part of casino project (9/29)
Documents show Seminole Tribe was close to new gaming deal (9/29)
Column: Taking a gamble in Louisiana - What's legal and illegal? (9/29)
Native Sun News: Tex Hall ousted in North Dakota tribal primary (9/26)
Kevin Washburn: Settlements with Indian Country hit $8B mark (9/26)
Bryan Brewer: Congress does right thing with tribal taxation bill (9/26)
9th Circuit rebuffs EEOC in dispute over tribal hiring preferences (9/26)
9th Circuit rejects treaty claims of Indian tobacco manufacturer (9/26)
Montana tribe expects a second round of Cobell buy-back offers (9/26)
Attorney General Eric Holder to step down after six-year tenure (9/26)
Choctaw Nation arrests 10 people in prostitution sting at casino (9/26)
Samish Nation isn't interested in pursuing casino on allotment (9/26)
Opponents sue to put Tohono O'odham Nation casino on ballot (9/26)
Rival tribes raise $4M to block North Fork Rancheria casino bid (9/26)
Nottawaseppi Huron Band reopens casino after electrical work (9/26)
Travel: There's more than gaming at Eastern Cherokee casino (9/26)
more headlines...


Home | Arts & Entertainment | Business | Canada | Cobell Lawsuit | Education | Environment | Federal Recognition | Federal Register | Forum | Health | Humor | Indian Gaming | Indian Trust | Jack Abramoff Scandal | Jobs & Notices | Law | National | News | Opinion | Politics | Sports | Technology | World

Indianz.Com Terms of Service | Indianz.Com Privacy Policy
About Indianz.Com | Advertise on Indianz.Com

Indianz.Com is a product of Noble Savage Media, LLC and Ho-Chunk, Inc.