Assuming the efforts listed in the opinion are accurate, here is a case detailing what we think most ICWA experts would agree are active efforts. It is true, however, that the court denied transfer to tribal court due to essentially a forum non convenes (concern about subpoenaing witnesses, which is strange).
Here.
The case file offers nearly verbatim Nebraska DHS accounts in several other Native American cases in Lincoln. Almost to the point of being a like a form letter response by all the case workers and other professionals involved in termination cases against Native families in Lancaster County. After reading several similar reports, there appears to be a one way process implemented by the non-Indian workers and other professionals involved in ICWA cases in Nebraska. Tribal Courts need to intervene much more directly and swiftly and place the children with family or other tribal members prior to “termination” proceedings are submitted by the State.