Unpublished ICWA Opinion out of Nebraska

In re Zylena R..

The court found that the denial of transfer to tribal court was not an abuse of discretion by the trial court. In this case the blood quantum requirements of the tribe initially led to a determination that the children were not eligible for membership, though it turns out the determination was in error. Because of the error, the tribe was late to intervene, and the trial court denied transfer. The State and the GAL opposed transfer, and the court used a best interests standard to deny transfer. It’s not a pretty opinion and touches on a number of the usual issues involved in these cases (permanency, termination of parental rights, whether foster care placement and termination proceedings are separate or intrinsically linked).

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