43-1513. Higher federal standard of protection; when applicable.
112 words·~1 min read·
/ne/chapter-43/43-1513A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
In any case when federal law applicable to a child custody proceeding provides a higher standard of protection to the rights of the parent or Indian custodian of an Indian child than the rights provided under the Nebraska Indian Child Welfare Act, the state court shall apply the federal standard.
The lower standard of proof under subsection
(3)of section 43-279.01 for the termination of parental rights to non-Indian children, as opposed to the higher standard of proof under the Nebraska Indian Child Welfare Act does not violate the equal protection rights of parents of non-Indian children. In re Interest of Phoenix L. et al., 270 Neb. 870, 708 N.W.2d 786 (2006).