The purpose of the Nebraska Indian Child Welfare Act is to clarify state policies and procedures regarding the implementation by the State of Nebraska of the federal Indian Child Welfare Act. It shall be the policy of the state to cooperate fully with Indian tribes in Nebraska in order to ensure that the intent and provisions of the federal Indian Child Welfare Act are enforced. This cooperation includes recognition by the state that Indian tribes have a continuing and compelling governmental interest in an Indian child whether or not the Indian child is in the physical or legal custody of a parent, an Indian custodian, or an Indian extended family member at the commencement of an Indian child custody proceeding or the Indian child has resided or is domiciled on an Indian reservation. The state is committed to protecting the essential tribal relations and best interests of an Indian child by promoting practices consistent with the federal Indian Child Welfare Act and other applicable law designed to prevent the Indian child's voluntary or involuntary out-of-home placement.
Notes of Decisions
In re Guardianship of Eliza W., 304 Neb. 995 (Neb. 2020).
· cites it 3× “In addition, she directs us to Neb. Rev. Stat. § 43-1502 (Reissue 2016), in which the Nebraska Legislature stated that the purpose of NICWA “is to clarify state policies and proce- dures regarding the implementation by the State of Nebraska of [ICWA].”
In re Interest of Manuel C. & Mateo S., 988 N.W.2d 520 (Neb. 2023).
· cites it 4× “Finally, we note that the denial of a motion to intervene is gen- erally a final and appealable order in Nebraska. 18 We conclude that the denial of the right to intervene under ICWA affects a substantial right.”
In re Interest of Tavian B., 874 N.W.2d 456 (Neb. 2016).
· cites it 2× “In essence, the majority finds the juvenile court abused its 11 See § 43-1502 (Supp. 2015). 12 See 2015 BIA guidelines, supra note 3, 80 Fed.”
In Re Adoption of Kenten H., 725 N.W.2d 548 (Neb. 2007).
· cites it 2× “” § 43-1502. The Legislature declared that “[i]t shall be the policy of the state to cooperate fully with Indian tribes in Nebraska in order to ensure that the intent and provisions of the federal Indian Child Welfare Act are enforced.”
In Re Interest of Phoenix L., 708 N.W.2d 786 (Neb. 2006).
“It shall be the policy of this state to *882 cooperate fully with Indian tribes in Nebraska in order to ensure that the intent and provisions of the [ICWA] are enforced.”
State v. Shannon P., 709 N.W.2d 676 (Neb. Ct. App. 2006).
· cites it 2× “§ 43-1502 (Reissue 2004) of the Nebraska ICWA, enacted in 1985, expresses the purpose of the state ICWA as implementation of the federal ICWA and recognizes Nebraska’s policy of cooperating fully with Indian tribes in the state in order to ensure that the intent and provisions…”
In Re Interest of JLM, 451 N.W.2d 377 (Neb. 1990).
· cites it 2× “Section 43-1502 of the Nebraska Indian Child Welfare Act, enacted in 1985, expresses the purpose of the state act: The purpose of the Nebraska Indian Child Welfare Act is to clarify state policies and procedures regarding the implementation by the State of Nebraska of the…”
In re Adoption of Micah H., 301 Neb. 437 (Neb. 2018).
· cites it 2× “21 See § 43-1502. 22 25 U.S.C. § 1902 . - 448 - Nebraska Supreme Court A dvance Sheets 301 Nebraska R eports IN RE ADOPTION OF MICAH H.”
— Neb. Rev. Stat. § 43-1502(3)(a) — 1 case
In re Guardianship of Eliza W., 304 Neb. 995 (Neb. 2020).
“In addition, she directs us to Neb. Rev. Stat. § 43-1502 (Reissue 2016), in which the Nebraska Legislature stated that the purpose of NICWA “is to clarify state policies and proce- dures regarding the implementation by the State of Nebraska of [ICWA].”
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