Cert Petition Challenging Nebraska SCT Decision on Good Cause “Exception” to ICWA Tribal Court Transfer Rule

Here is the petition:

Zylena R v. Elise M. Cert Petition

The questions presented:

(1) Whether ICWA prohibits a state court from considering the “best interests of the child” when determining whether “good cause” exists to deny the transfer of an ongoing child welfare case.
(2) Whether ICWA requires a state court to treat a motion to terminate parental rights as a “new proceeding” for purposes of determining whether “good cause” exists to deny the transfer of an ongoing child welfare case.
Lower court decision here.

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