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NEBRASKA: In re Interest of Enrique P.
04.27.2012 | Child Protection
In a de novo review, the Nebraska Court of Appeals reversed the juvenile court’s order calling for the immediate cessation of all efforts by appellee-agency to place the children in relative foster care or adoptive placements, finding that the juvenile court erred in making the order without a finding of good cause for such deviation. The court noted that under the Indian Child Welfare Act (ICWA), preference is given to placing Indian children with family members, a foster home approved by the tribe, an Indian foster home, or an institution approved by the tribe; if the child is not placed in any of the above placements, the court must find that there is good cause for the deviation. Here, appellant’s four grandchildren were all placed in various homes that were not listed on the ICWA preferred placements and, during a hearing, the judge ordered the agency to stop looking for relative homes for the children’s placement. Appellant-grandmother appealed, arguing that the court failed to adhere to the ICWA requirements of good cause for deviation. The appellate court agreed and reversed the order, finding that both judge’s order and the court record did not support that there was good cause to cease efforts to find a relative placement for the children.
Cite: No. A-11-662; 19 Neb. App. 778; 2012 Neb. App. LEXIS 85 (Neb. Ct. App. April 17th, 2012)
Link to Full Opinion
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