| Neb.
Rev. Stat. § 43-1508
Nebraska
Revised Statutes of 1943
Chapter
43. Infants and Juveniles
Article
15. Nebraska Indian Child Welfare Act
§
43-1508. Placement guidelines; records.
(1) In any adoptive placement
of an Indian child under state law, a preference shall be given, in the
absence of good cause to the contrary, to a placement with:
(a) A member of the child's
extended family;
(b) Other members of the
Indian child's tribe; or
(c) Other Indian families.
(2) Any child accepted
for foster care or preadoptive placement shall be placed in the least
restrictive setting which most approximates a family and in which his
or her special needs, if any, may be met. The child shall also be placed
within
reasonable proximity to his or her home, taking into account any special
needs of the child. In any foster care or preadoptive placement, a preference
shall be given, in the absence of good cause to the contrary, to a placement
with:
(a) A member of the Indian
child's extended family;
(b) A foster home licensed,
approved, or specified by the Indian child's tribe;
(c) An Indian foster home
licensed or approved by an authorized non-Indian licensing authority;
or
(d) An institution for
children approved by an Indian tribe or operated by an Indian organization
which has a program suitable to meet the Indian child's needs.
(3) In the case of a placement
under subsection (1) or (2) of this section, if the Indian child's tribe
shall establish a different order of preference by resolution, the agency
or court effecting the placement shall follow such order so long as the
placement is the least restrictive setting appropriate to the particular
needs of the child, as provided in subsection (2) of this section. When
appropriate, the preference of the Indian child or parent shall be considered,
except that, when a consenting parent evidences a desire for anonymity,
the court or agency shall give weight to such desire in applying the preferences.
(4) The standards to be
applied in meeting the preference requirements of this section shall be
the prevailing social and cultural standards of the Indian community in
which the parent or extended family resides or with which the parent or
extended family members maintain social and cultural ties.
(5) A record of each such
placement, under state law, of an Indian child shall be maintained by
the state, evidencing the efforts to comply with the order of preference
specified in this section. Such record shall be made available at any
time upon the request of the secretary or the Indian child's tribe.
Source: Laws 1985, LB
255, § 8.
NOTES
OF DECISIONS
The placement preferences
delineated in this section may yield to the wishes of the parent or for
other good causes shown. In re Interest of C.W. et al., 239 Neb. 817,
479 N.W.2d 105 (1992).
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