In re Interest of Manual C. & Mateo S. -- supplemental opinion ( 2023 )

Nebraska Supreme Court Online Library
www.nebraska.gov/apps-courts-epub/
06/23/2023 09:07 AM CDT
- 580 -
Nebraska Supreme Court Advance Sheets
314 Nebraska Reports
IN RE INTEREST OF MANUEL C. & MATEO S.
Cite as 314 Neb. 580In re Interest of Manuel C. and Mateo S.,
children under 18 years of age.
State of Nebraska, appellee and cross-appellee,
v. Amber S., appellant, and Red Lake Band
of Chippewa Indians, appellee
and cross-appellant.
___ N.W.2d ___
Filed June 23, 2023. No. S-22-653.
supplemental opinion
Appeal from the Separate Juvenile Court of Lancaster
County: Shellie D. Sabata, Judge. Former opinion modified.
Motion for rehearing overruled.
Jacinta Dai-Klabunde, of Legal Aid of Nebraska, for
appellant.
Patrick F. Condon, Lancaster County Attorney, and Maureen
E. Lamski for appellee State of Nebraska.
Joseph Plumer for appellee Red Lake Band of Chippewa
Indians.
Allison Derr, Robert McEwen, and Sarah Helvey for amicus
curiae Nebraska Appleseed Center for Law in the Public
Interest.
Heavican, C.J., Miller-Lerman, Cassel, Stacy, Funke,
Papik, and Freudenberg, JJ.
- 581 -
Nebraska Supreme Court Advance Sheets
314 Nebraska Reports
IN RE INTEREST OF MANUEL C. & MATEO S.
Cite as 314 Neb. 580Per Curiam.
This case is before us on a motion for rehearing filed by
the appellant, Amber S., concerning our opinion in In re
Interest of Manuel C. & Mateo S., ante p. 91, 988 N.W.2d
520 (2023).
We find no substantive merit to Amber’s motion and over-
rule it, but modify the opinion as follows:
In the analysis section, under the subheading “Applicability
of ICWA,” at the end of the fourth paragraph, we add the
following:
However, we are aware that subsequent to this holding,
the Indian Child Welfare Act Proceedings, 81 Fed. Reg.
38,778 (June 14, 2016) (codified at 25 C.F.R. § 23 et
seq. (2022)) were adopted. Upon our de novo review,
we believe that the juvenile court process and proceed-
ings followed these regulations and that upon appeal,
our analysis recognizes and adheres to the provisions of
the regulations.
In the analysis section, under the subheading “Applicability
of ICWA,” we delete the second sentence of the ninth para-
graph and substitute the following: “Rather, this court reviews
the decision of the juvenile court de novo.24”
The remainder of the opinion shall remain unmodified.
Former opinion modified.
Motion for rehearing overruled.