In re Interest of Ricardo T., 999 N.W.2d 562

The Nebraska Supreme Court addressed whether a juvenile court’s order granting a transfer of jurisdiction over Indian children to a tribal court under the Indian Child Welfare Act (ICWA) and the Nebraska Indian Child Welfare Act (NICWA) was a final, appealable order.
Five siblings, defined as "Indian children" under NICWA, were subject to termination of parental rights proceedings initiated by the State in Nebraska juvenile court.
The Oglala Sioux Tribe, as the children's tribe, intervened and, along with the parents, moved to transfer the cases to tribal court after the termination trial had begun.
The State objected, arguing the transfer motion was too late (after trial began) and that good cause existed to deny the transfer.
The juvenile court granted the transfer motion, but conditioned the transfer on whether the tribal court would accept jurisdiction.
The State appealed, but the Court of Appeals dismissed for lack of jurisdiction, holding the order was not final and appealable because it was conditional.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the juvenile court’s order transferring child welfare cases to tribal court is a final, appealable order	Order was final because it resolved the transfer motion and left nothing for the court to do if accepted by tribe	Order was conditional because transfer depended on the tribal court’s acceptance, a future event	Order was conditional; not final or appealable

In re Interest of C.W. et al., 239 Neb. 817 (orders transferring to tribal court are offers that become effective only upon tribal court’s acceptance)
Evert v. Srb, 308 Neb. 895 (definition and effect of conditional orders; conditional orders are not appealable)
Fitzgerald v. Community Redevelopment Corp., 283 Neb. 428 (examining when orders are conditional and therefore unappealable)
Deuth v. Ratigan, 256 Neb. 419 (finality of orders and when further court action is required)