Nebraska COA ICWA Matter — Trial Court Reversed where State Agency Failed to Allege ICWA

Here is the unpublished opinion in In re Avery S.:

In re Avery S

An excerpt:

Therefore, we conclude that at the time the State filed its petition and motion for  temporary custody in this case, it was aware that Katherine’s other children were  members of the Tribe or at least that ICWA was applicable to their case. Accordingly, the State knew or should have known that ICWA applied in the case involving Avery and Izabel. Thus, based on the facts of this case, the State was required to set forth allegations under ICWA in the petition and motion for temporary custody. Based on the State’s failure to do so, the juvenile court erred in entering an order detaining the children and should have dismissed the petition.