S-18-0146 In re Adoption of Micah H.
District Court of Saunders County, Hon. Patrick R. McDermott
Civil: NICWA; Adoption
Attorneys: Jennifer D. Joakim (Appellant) --- Michael J. Novotny (Fredericks Peebles & Morgan LLP) (Appellees) --- Evelyn N. Babcock & George T. Babcock (Law Offices of Evelyn N. Babcock) (Amici Curiae)
Proceedings below: On remand from the Nebraska Supreme Court, the district court granted the guardians request to terminate Appellant’s parental rights, finding the guardians had used active efforts under NICWA. The district court also issue a final adoption decree.
Issues: The trial court erred by 1) finding the guardians had used active efforts to provide remedial services and rehabilitative programs designed to prevent the breakup of the Indian family or unite the parent or Indian custodian with the Indian child within the meaning of the NICWA, 2) finding that Appellant had clearly abandoned Micah H. under Neb. Rev. Stat. Neb. Rev. Stat. §43-104(2), 3) finding that the adoption was in the best interest of Micah H., an Indian child, 4) granting the decree for adoption without notice and the opportunity to be heard at a further hearing on the best interests of Micah H. after terminating Appellant’s parental rights, and 5) in not adhering to statutory adoption requirements.