In re Interest of Manuel C.

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In re Interest of Manuel C.

Additional Case Names

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Case Number
Call Date
March 29, 2023
Case Time
1:30 PM
Court Number
Case Location
Papillion-LaVista High School
Court Type
Separate Juvenile Court
Case Summary

S-22-653 In re Interest of Manuel C. and Mateo S., Children Under Eighteen Years of Age, State of Nebraska (Appellee) v. Amber S. (Appellant)

Appeal from Separate Juvenile Court for Lancaster County, Judge Shellie D. Sabata

Attorneys:  Jacinta N. Dai-Klabunde (Legal Aid of Nebraska for Appellant, the mother), Joseph Plummer (Joseph Plummer for Appellee, Red Lake Band of Chippewa Indians), Maureen E. Lamski (Deputy Lancaster County Attorney for Appellee, State of Nebraska), and Allison N. Derr, Sarah C. Helvey, and Robert E. McEwen (Nebraska Appleseed Center for Law, Amicus Curiae Brief).  

Juvenile:  Indian Child Welfare Act

Proceedings below:  The Red Lake Band of Chippewa Indians filed a Motion to Intervene alleging that the minor children were “Indian” children within the meaning of the Federal and State Indian Child Welfare Acts [ICWA].  While the juvenile court initially entered an order allowing the Tribe to Intervene, the State filed a Motion to Reconsider.  After rehearing, the juvenile court sustained the motion to reconsider and vacated the Order to Intervene.  On its own motion, the Supreme Court ordered this case to be transferred from the docket of the Court of Appeals to its docket.

Issues:  Appellant makes the following assignments of error:  1) The Separate Juvenile Court of Lancaster County, Nebraska erred in finding that the Indian Child Welfare Act, 25 U.S.C. § 1901 et seq. and the Nebraska Indian Child Welfare Act, Neb. Rev. Stat. § 43-1501 et seq. did not apply to Appellant and Appellant’s children; and 2) The Separate Juvenile Court of Lancaster County, Nebraska erred in vacating the Order granting the Motion to Intervene by the Red Lake Band of Chippewa Indians due to the finding that the children were not Indian children.

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