2023 WL 4140767 (Mem)
314 Neb. 580
Supreme Court of Nebraska.
IN RE Interest of MANUEL C. and Mateo S., children under 18 years of age.
State of Nebraska, appellee and cross-appellee,
Amber S., appellant,
Red Lake Band of Chippewa Indians, appellee and cross-appellant.
No. S-22-653.
Filed June 23, 2023


Appeal from the Separate Juvenile Court of Lancaster County: SHELLIE D. SABATA, Judge. Former opinion modified. Motion for rehearing overruled.


Per Curiam.

This case is before us on a motion for rehearing filed by the appellant, Amber S., concerning our opinion in In re Interest of Manuel C. & Mateo S., 314 Neb. 91, 988 N.W.2d 520 (2023).

We find no substantive merit to Amber’s motion and overrule it, but modify the opinion as follows:

In the analysis section, under the subheading “Applicability of ICWA,” at the end of the fourth paragraph, we add the following:

However, we are aware that subsequent to this holding, the Indian Child Welfare Act Proceedings, 81 Fed. Reg. 38,778 (June 14, 2016) (codified at 25 C.F.R. § 23 et seq. (2022)) were adopted. Upon our de novo review, we believe that the juvenile court process and proceedings followed these regulations and that upon appeal, our analysis recognizes and adheres to the provisions of the regulations.

In the analysis section, under the subheading “Applicability of ICWA,” we delete the second sentence of the ninth paragraph and substitute the following: “Rather, this court reviews the decision of the juvenile court de novo.”

The remainder of the opinion shall remain unmodified.



All Citations

--- N.W.2d ----, 314 Neb. 580, 2023 WL 4140767 (Mem)