In re Interest of Jassenia H.

Mother was an enrolled member of the Oglala Sioux Tribe. After Jassenia, who was allegedly eligible for enrollment in the tribe, was removed from Mother’s care, the State filed a petition for adjudication pursuant to Neb. Rev. Stat. 43-247(3)(a). At issue before the juvenile court was whether the federal Indian Child Welfare Act (ICWA) applied to the adjudication proceeding. The juvenile court determined that ICWA applied to the proceedings. Jassenia’s guardian ad litem appealed, asserting that Mother’s intent to relinquish custody of Jassenia rendered ICWA inapplicable. The Supreme Court dismissed the appeal for lack of jurisdiction, holding that the juvenile court’s order did not constitute a final, appealable order because the mere determination that ICWA applied, without further action, did not affect a substantial right. View "In re Interest of Jassenia H." on Justia Law