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IN RE INTEREST OF SHAYLA H.

No. S-13-643.

855 N.W.2d 774 (2014)

289 Neb. 473

IN RE INTEREST OF SHAYLA H. et al., children under 18 years of age. State of Nebraska, appellee, v. David H., appellant.

Supreme Court of Nebraska.

Filed November 14, 2014.

Attorney(s) appearing for the Case

Patrick T. Carraher , Lincoln, of Legal Aid of Nebraska, for appellant.

Ashley Bohnet , Deputy Lancaster County Attorney, and Nikki Blazey , Senior Certified Law Student, for appellee.

Rosalynd Koob , of Heidman Law Firm, L.L.P., for amici curiae Winnebago Tribe of Nebraska and Omaha Tribe of Nebraska.

Brad S. Jolly , of Brad S. Jolly & Associates, L.L.C., for amicus curiae Ponca Tribe of Nebraska.

Jennifer Bear Eagle , of Fredericks, Peebles & Morgan, L.L.P., Omaha, for amicus curiae Santee Sioux Nation.

Robert McEwen and Sarah Helvey , of Nebraska Appleseed Center for Law in the Public Interest, for amicus curiae Nebraska Appleseed Center for Law in the Public Interest.

Heavican, C.J., Wright, Connolly, Stephan, McCormack, Miller-Lerman, and Cassel, JJ.

Stephan, J.

This case is before us on the State's petition for further review. The sole issue presented is whether the active efforts standard of 25 U.S.C. § 1912(d) of the federal Indian Child Welfare Act of 1978 (ICWA)1 and § 43-1505(4) of the Nebraska Indian Child Welfare Act (NICWA)2 applies when a juvenile court physically places an Indian child3 with his or her parent...

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