43-1518. Tribal customary adoption; temporary concurrent jurisdiction in tribal court; finalizing adoption; department; duties.

313 words·~1 min read·/ne/chapter-43/43-1518

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

(1)If a state court finds that tribal customary adoption is an appropriate permanency plan under section 43-1312 and is in the best interests of an Indian child and the Indian child's tribe consents in writing to the tribal customary adoption, the state court shall grant temporary concurrent jurisdiction to the tribal court of the Indian child's tribe for the sole purpose of finalizing a tribal customary adoption according to the custom, traditions, and laws of such tribe and the best interests of the Indian child.

(2)Within thirty days after the granting of temporary concurrent jurisdiction under subsection

(1)of this section, the department shall:

(a)Provide written notice to the Indian child's tribe describing:

(i)The elements that an order or judgment for tribal customary adoption must include to be accepted by the state court as described in subdivision (2)(a) of section 43-1521 ;

(ii)The documents, reports, or other information that must be filed with the state court upon transfer back to the state court for accepting the order or judgment for tribal customary adoption as described in subdivision (2)(b) of section 43-1521 ; and

(iii)The tribe's right to conduct, or designate another to conduct, the adoptive home study as described in section 43-1519 ;

(b)Provide the Indian child's tribe and proposed tribal customary adoptive parents with a written report on the Indian child. Such report shall include, to the extent not otherwise prohibited by state or federal law:

(i)The medical background and tribal affiliations, if known, of the child's biological parents; and

(ii)The child's educational information, developmental history, and medical background, including all known diagnostic information, current medical reports, and psychological evaluations; and

(c)Provide the Indian child's tribe a copy of all court filings, including attachments and exhibits, from the state court proceeding, to the extent not otherwise prohibited by state or federal law.