43-1507. Petition to invalidate actions in violation of law.

Any Indian child who is the subject of any action for foster care placement or termination of parental rights under state law, any parent or Indian custodian from whose custody such child was removed, and the Indian child's primary tribe may petition any court of competent jurisdiction to invalidate such action upon a showing that such action violated any provision of sections 43-1504 to 43-1506.

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Annotations

The lower standard of proof under subsection (3) of section 43-279.01 for the termination of parental rights to non-Indian children, as opposed to the higher standard of proof under the Nebraska Indian Child Welfare Act does not violate the equal protection rights of parents of non-Indian children. In re Interest of Phoenix L. et al., 270 Neb. 870, 708 N.W.2d 786 (2006).

A juvenile court's having jurisdiction over the parties and the subject matter constitutes a court of competent jurisdiction within the meaning of this section. In re Interest of Ramon N., 18 Neb. App. 574, 789 N.W.2d 272 (2010).

The absence of language in the petition implicating the Nebraska Indian Child Welfare Act did not support invalidating the adjudication where there was no appeal from the adjudication order. In re Interest of Ramon N., 18 Neb. App. 574, 789 N.W.2d 272 (2010).

An order denying a petition to invalidate pursuant to this section and motion to dismiss is a final order for purposes of section 25-1902. In re Interest of Enrique P. et al., 14 Neb. App. 453, 709 N.W.2d 676 (2006).

Juvenile court's denial of motion to invalidate affirmed under harmless error analysis. In re Interest of Enrique P. et al., 14 Neb. App. 453, 709 N.W.2d 676 (2006).