Nebraska court backs Ponca Tribe in ICWA case
Friday, June 26, 2009
Filed Under:
Law
The
Ponca Tribe can intervene in child welfare proceedings without a state-recognized attorney, the
Nebraska Supreme Court
ruled today.
The tribe asked its child welfare specialist to file a motion to intervene in a case involving two Ponca children. A county judge rejected the motion, saying it should have been filed by a state-licensed attorney, as required by state law.
The court, however, said the
Indian
Child Welfare Act trumps state law. "We conclude that tribal participation in state custody proceedings
involving Indian children is essential to achieving the goals of ICWA," the decision stated.
Get the Story:
Court backs Neb. tribe in kids' cases
(AP 6/26)
Nebraska Supreme Court Decision:
In re Interest of Elias L (June 26, 2009)
Related Stories:
Nebraska Supreme Court to
hear ICWA dispute (5/26)
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