Nebraska Statutes

§ 43-1513 — Higher federal standard of protection; when applicable

Nebraska § 43-1513
JurisdictionNebraska
Ch. 43Infants and Juveniles

This text of Nebraska § 43-1513 (Higher federal standard of protection; when applicable) is published on Counsel Stack Legal Research, covering Nebraska primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Neb. Rev. Stat. § 43-1513 (2026).

Text

In any case when federal law applicable to a child custody proceeding provides a higher standard of protection to the rights of the parent or Indian custodian of an Indian child than the rights provided under the Nebraska Indian Child Welfare Act, the state court shall apply the federal standard.

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Legislative History

Source: Laws 1985, LB 255, § 13. Annotations: The lower standard of proof under subsection (3) of section 43-279.01 for the termination of parental rights to non-Indian children, as opposed to the higher standard of proof under the Nebraska Indian Child Welfare Act does not violate the equal protection rights of parents of non-Indian children. In re Interest of Phoenix L. et al., 270 Neb. 870, 708 N.W.2d 786 (2006).

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Bluebook (online)
Nebraska § 43-1513, Counsel Stack Legal Research, https://law.counselstack.com/statute/ne/43-1513.