Supreme Court Rules Lower Court Erred In Native American Custody Case (Picture)
The Nebraska Supreme Court ruled Friday that a lower juvenile court erred in failing to apply a federal law that seeks to prevent the removal of Native American children from their homes to a Nebraska case involving three Native American children.
The Supreme Court ruled that Lancaster County Juvenile Court Judge Linda Porter erred in deciding that the Indian Child Welfare Act did not apply to a case in which the state of Nebraska had taken custody of three Rosebud Sioux girls.
Porter had ruled that the federal law did not apply to the case because the children remained in their father’s home, despite being in the state’s custody. She had ruled that ICWA only applies in cases where Native American children are either removed from their parents’ home and placed in a foster home or when the state seeks to terminate Native parental rights………....morehere
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