Nebraska Court of Appeals — State Must Plead Active Efforts Prior to Termination

Matthew L.M. Fletcher

Here is the Nebraska Court of Appeals decision in In re Shayla H. From the court’s syllabus:

Indian Child Welfare Act: Pleadings. The Indian Child Welfare Act’s requirement of “active efforts” is separate and distinct from the “reasonable efforts” provision of Neb. Rev. Stat. § 43-292(6) (Reissue 2008) and therefore requires the State to plead active efforts by the State to prevent the breakup of the family.