43-1515. Applicability of act; exceptions.
142 words·~1 min read·
/ne/chapter-43/43-1515A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
None of the provisions of the Nebraska Indian Child Welfare Act, except subsection
(1)of section 43-1504 and section 43-1511 , shall affect a proceeding under state law for foster care placement, termination of parental rights, preadoptive placement, or adoptive placement which was initiated or completed prior to one hundred and eighty days after November 8, 1978, but shall apply to any subsequent proceeding in the same matter or subsequent proceedings affecting the custody or placement of the same child.
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).