43-1505.02. Permanency plan changes; termination of parental rights; notice to Indian child's tribe; when required.
333 words·~2 min read·
/ne/chapter-43/43-1505-02A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(1)(a) For any recommendation or request that the court change an Indian child's permanency plan to anything other than returning the child to the parent or home, the requestor or movant shall send notice of such recommendation or request to the Indian child's tribe.
(b)The notice required by this subsection shall:
(i)Conform to the requirements of 25 C.F.R. 23.11;
(ii)Be sent by registered mail with return receipt requested;
(iii)Be sent at least twenty days prior to the hearing on the change in permanency plan; and
(iv)State that the tribe has the right to file an objection with the court by the time of the hearing stating the tribe's belief that tribal customary adoption is an appropriate permanency plan for the child and in the best interests of the Indian child.
(c)If the court receives such an objection from the Indian child's tribe by the time of the hearing, the court shall deny such recommendation or request and maintain the child's permanency plan as tribal customary adoption, or change it to be tribal customary adoption, unless the court finds that maintaining the child's permanency plan as tribal customary adoption or changing it to tribal customary adoption is not in the best interests of the Indian child.
(2)(a) Any person seeking to terminate the parental rights to an Indian child under state law shall send notice of such intent to the Indian child's tribe.
(b)The notice required by this subsection shall:
(i)Conform to the requirements of 25 C.F.R. 23.11;
(ii)Be sent by registered mail with return receipt requested;
(iii)Be sent at least twenty days prior to the initial appearance of the parties on termination; and
(iv)State that the tribe has the right to file an objection with the court by the time of the initial appearance of the parties stating the tribe's belief that tribal customary adoption is an appropriate permanency plan for the child and in the best interests of the Indian child.