43-1521. Tribal customary adoption; tribal court; duties; transfer to state court; extensions; full faith and credit required; decree of adoption; parents' rights; petition not required; adoption complete; effect.
590 words·~3 min read·
/ne/chapter-43/43-1521A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(1)(a) Within one hundred twenty days after receiving notice of the transfer of concurrent jurisdiction under section 43-1518 , the tribal court shall:
(i)Finalize the order or judgment of tribal customary adoption;
(ii)Transfer proceedings back to state court; and
(iii)Provide the state court with a copy of such final order or judgment.
(b)If the requirements of subdivision (1)(a) of this section are not met within the one-hundred-twenty-day deadline, the grant of concurrent jurisdiction to the tribal court shall expire and the proceedings shall transfer back to the state court, unless the state court finds that the Indian child's tribe has demonstrated good cause for an extension. Extensions under this subdivision may be granted in increments of no more than sixty days.
(2)The state court shall accept such order or judgment and give it full faith and credit so long as:
(a)The order or judgment:
(i)Includes a description of:
(A)Any rights retained by the Indian child's biological parents or Indian custodian, including contact to be maintained, if any, and the rights of inheritance of the child; and
(B)The Indian child's legal relationship with the tribe;
(ii)Does not include any child support obligation from the Indian child's biological parents or Indian custodian; and
(iii)If applicable and appropriate, has the findings required to ensure the Indian child is eligible to receive Title IV-E or Nebraska adoption assistance payments; and
(b)Unless otherwise exempted, all documents and records required by sections 43-102 , 43-107 , and 43-109 have been filed with the court, as well as:
(i)A record of the Indian child and the biological parents' tribal membership and affiliations; and
(ii)The most recently filed cumulative active efforts report as described by subdivision (1)(h) of section 43-1503 .
(3)If the state court accepts such order or judgment, the state court shall enter a decree of adoption. Such decree shall include:
(a)A description of any rights retained by the Indian child's biological parents or Indian custodian, including contact to be maintained, if any, and rights of inheritance of the child, as specified within the tribal customary adoption order or judgment;
(b)A statement that any parental rights or obligations not specified in the tribal customary adoption order or judgment are transferred to the tribal customary adoptive parents;
(c)A description of the Indian child's legal relationship with the tribe; and
(d)If applicable and appropriate, the findings required to ensure the Indian child is eligible to receive Title IV-E or Nebraska adoption assistance payments.
(4)(a) Any parental rights or obligations not specifically retained by the Indian child's biological parents in the decree of adoption are conclusively presumed to transfer to the tribal customary adoptive parents.
(b)The retention of any rights by the Indian child's biological parents or Indian custodian, including contact to be maintained and rights of inheritance of the child, as specified within the tribal customary adoption order or judgment, shall not be grounds for challenging or terminating the adoption on the basis that the biological parent or Indian custodian retained any parental or custodial rights, responsibilities, or benefits.
(5)A prospective tribal customary adoptive parent is not required to file a petition for adoption under section 43-102 .
(6)Consent by the Indian child or their biological parents is not required to enter a decree of adoption under this section.
(7)After the decree of adoption is entered, the tribal customary adoption is legally complete and the juvenile court shall terminate its jurisdiction over the Indian child.