43-1516. Adoptive placement; information made available.

175 words·~1 min read·/ne/chapter-43/43-1516

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Any state court entering a final decree or order in any Indian child adoptive placement after September 6, 1985, shall provide the secretary with a copy of such decree or order together with such other information as may be necessary to show:

(1)The name and tribal affiliation of the child;

(2)The names and addresses of the biological parents;

(3)The names and addresses of the adoptive parents; and

(4)The identity of any agency having files or information relating to such adoptive placement.

When the court records contain an affidavit of the biological parent or parents that their identity remain confidential, the court shall include such affidavit with the other information.

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).