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Rev. Stat. § 43-1504
Nebraska
Revised Statutes of 1943
Chapter
43. Infants and Juveniles
Article
15. Nebraska Indian Child Welfare Act
§
43-1504. Custody proceeding; jurisdiction of tribe; transfer of
proceedings; rights of tribe; tribal proceedings; effect.
(1) An Indian tribe shall
have jurisdiction exclusive as to this state over any child custody proceeding
involving an Indian child who resides or is domiciled within the reservation
of such tribe, except where such jurisdiction is otherwise vested in the
state by existing federal law. When an Indian child is a ward of a tribal
court, the Indian tribe shall retain exclusive jurisdiction, notwithstanding
the residence or domicile of the child.
(2) In any state court
proceeding for the foster care placement of, or termination of parental
rights to, an Indian child not domiciled or residing within the reservation
of the Indian child's tribe, the court, in the absence of good cause to
the contrary, shall transfer such proceeding to the jurisdiction of the
tribe, absent objection by either parent, upon the petition of
either parent or the Indian custodian or the Indian child's tribe, except
that such transfer shall be subject to declination by the tribal court
of such tribe.
(3) In any state court
proceeding for the foster care placement of, or termination of parental
rights to, an Indian child, the Indian custodian of the child and the
Indian child's tribe shall have a right to intervene at any point in the
proceeding.
(4) The State of Nebraska
shall give full faith and credit to the public acts, records, and judicial
proceedings of any Indian tribe applicable to Indian child custody proceedings
to the same extent that the state gives full faith and credit to the public
acts, records, and judicial proceedings of any other entity.
Source: Laws 1985, LB
255, § 4.
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