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IN RE ELIAS L.

Nos. S-08-1182, S-08-1183.

767 N.W.2d 98 (2009)

277 Neb. 1023

In re Interest of ELIAS L., a child under 18 years of age. State of Nebraska, appellee, v. Jennifer M. and Michael L., appellees, and the Ponca Tribe of Nebraska, appellant. In re Interest of Evelyn M., a child under 18 years of age. State of Nebraska, appellee, v. Jennifer M., appellee, and the Ponca Tribe of Nebraska, appellant.

Supreme Court of Nebraska.

June 26, 2009.

Attorney(s) appearing for the Case

Brad S. Jolly, of Smith & Jolly, L.L.C., Denver CO, for appellant.

No appearance for appellees.

Sarah Helvey and LaShawn Young for amicus curiae Nebraska Appleseed Center for Law in the Public Interest.

Rosalynd J. Koob, of Heidman Law Firm, L.L.P., Sioux City, IA, for amicus curiae Winnebago Tribe of Nebraska.

Mark C. Tilden, Boulder, CO, of Native American Rights Fund, for amici curiae National Indian Child Welfare Association et al.

Ben Thompson, of Thompson Law Office, L.L.C., Omaha, for amicus curiae Omaha Tribe of Nebraska.

Jennifer Gaughan for amicus curiae Legal Aid of Nebraska.

HEAVICAN, C.J., WRIGHT, CONNOLLY, GERRARD, STEPHAN, McCORMACK, and MILLER-LERMAN, JJ.

CONNOLLY, J.

The Ponca Tribe of Nebraska (Tribe) appeals from the county court's order denying its motion to intervene in child custody proceedings involving two children who are members of the Tribe. The court denied the motion to intervene because an attorney had not signed the motion. We reverse, and remand because the Tribe's right to intervene under the federal Indian Child Welfare Act (ICWA)1

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