A-13-0843, In re Interest of Avery S., a child under 18 years of age. State of Nebraska v. Katherine J. (Appellant)
Douglas County, Separate Juvenile Court Judge Wadie Thomas
Attorney for Appellant: Jeff Wagner, Liam K. Meehan (Schirber & Wanger, LLP)
Attorney for Appellee: Erin Hurley (Douglas County Attorney’s Office)
Juvenile Action: Continued Detention of Minor Children
Action Taken by Trial Court: Following a hearing, the juvenile court found that the Indian Child Welfare Act (ICWA) did not apply to the case and that it was in the best interests of appellant’s children to remain in the temporary custody of the Nebraska Department of Health and Human Services.
Assignments of Error on Appeal: Did the juvenile court err in finding that ICWA did not apply? Did the juvenile court err in initially detaining the minor children when the petition to adjudicate and request for temporary custody were not sufficient to detain the minor children under ICWA? Did the juvenile court err in finding that continued detention of the minor children was required even under a non-ICWA standard?