Tribal customary adoption bill clears final round

A measure that recognizes tribal customary adoptions in Nebraska law received final approval April 10.

LB1032, sponsored by Bennington Sen. Wendy DeBoer, updates Nebraska adoption statutes, the Foster Care Review Act and the Nebraska Indian Child Welfare Act to implement a process for recognition and enforcement of tribal customary adoptions.

Under the bill, the state may choose not to file a recommendation or petition for termination of parental rights if a case involves a child who may be eligible for tribal customary adoption.

The measure also clarifies when the state court must consider tribal customary adoption as part of a permanency planning hearing, and requires notification of a child’s tribe at least 20 days before the hearing if a recommendation is anything other than returning the child to the parent or home.

Among other provisions, LB1032 also:
• requires notice in writing to a child’s tribe when the state court grants temporary concurrent jurisdiction to the tribal court;
• requires the state Department of Health and Human Services to provide the tribal court with a copy of the state court files within 30 days to ensure that the tribal court can make an informed decision;
• clarifies that the tribal court must finalize a tribal customary adoption in the child’s best interests; and
• sets a 120-day deadline for the tribal court to complete a tribal customary adoption.

Senators passed the bill on a 49-0 vote.