Nebraska SCT Overrules Precedent Designed to Avoid Application of ICWA

Here is the opinion in In re Zylena R.

From the court’s syllabus:

To the extent that In re Interest of C.W. et al., 239 Neb. 817, 479 N.W.2d 105 (1992), permits a state court to consider the best interests of an Indian child in deciding whether there is good cause to deny a motion to transfer a proceeding to tribal court, it is overruled.

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One Response to Nebraska SCT Overrules Precedent Designed to Avoid Application of ICWA

  1. Pingback: Cert Petition Challenging Nebraska SCT Decision on Good Cause “Exception” to ICWA Tribal Court Transfer Rule | Turtle Talk

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