Linda H. v. Tyler R. (In Re Micah H.), 301 Neb. 437

Background

Micah H. (born 2007) is an "Indian child" under ICWA; his mother Allison is an Oglala Sioux Tribe member. Micah has lived primarily with maternal grandparents Linda and Daniel H., who are non‑Indian and became his guardians in 2012.
Father Tyler R. has long-standing substance abuse issues and was incarcerated in Feb. 2012 for an alcohol‑related motor vehicle homicide with earliest release projected in 2019. Last face‑to‑face contact with Micah was in May 2011.
Linda and Daniel petitioned to adopt Micah; Allison voluntarily relinquished parental rights; Tyler objected. The Oglala Sioux Tribe was served notice and declined to intervene.
On initial appeal this Court held the county court applied the wrong abandonment standard and that NICWA’s active‑efforts requirement could apply even as to a non‑Indian parent of an Indian child; the case was remanded.
On remand the county court (applying clear and convincing evidence) found Linda and Daniel made NICWA "active efforts," found Tyler abandoned Micah, and concluded adoption was in Micah’s best interests. The county court nevertheless failed to strictly comply with certain adoption‑statute procedural requirements (home study, child presence at hearing, criminal background check records).

Issues

Issue	Plaintiff's Argument (Linda & Daniel)	Defendant's Argument (Tyler)	Held
Whether petitioners made NICWA "active efforts" to unite Tyler and Micah	They contacted the tribe, suggested and directed Tyler to treatment used for Allison, assisted with visitation/parenting plan, and provided culturally relevant supports	Tyler argued petitioners did not satisfy each enumerated statutory subpart and active efforts must follow a checklist	Court (affirmed): active efforts are case‑specific, not a checklist; petitioners made sufficient active efforts under NICWA
Whether Tyler abandoned Micah under Neb. Rev. Stat. § 43‑104(2) by clear and convincing evidence	Petitioners: Tyler ceased meaningful parental functions, last in‑person contact 2011, did not pursue custody or visits, minimal support, continued substance abuse, long incarceration	Tyler: disputed abandonment; noted some letters, gifts, parenting program certificates; claimed attempts to maintain contact	Court (affirmed): evidence supports clear and convincing finding of abandonment, considering conduct before and after the statutory six‑month window and incarceration context
Whether adoption is in the child’s best interests	Petitioners: Micah’s stability with Linda & Daniel, their engagement with his Native heritage, guardian ad litem supports adoption	Tyler: adoption would terminate his parental rights and he should have opportunity to contest best interests after abandonment finding	Court (affirmed): adoption found to be in Micah’s best interests given stability, cultural efforts, and guardian ad litem testimony
Whether county court complied with mandatory adoption statutes (home study, criminal history check, child present)	Petitioners: argued exceptions/waivers applied or prior guardianship checks sufficed	Tyler: argued strict statutory requirements were not met, so decree should be vacated	Court (reversed as to this point): procedural statutory noncompliance found; adoption decree vacated in part and remanded to allow compliance

Key Cases Cited

In re Adoption of Micah H., 295 Neb. 213 (previous appeal establishing applicable standards and NICWA requirement) (clarifies active‑efforts and corrects burden for abandonment)
Adoptive Couple v. Baby Girl, 570 U.S. 637 (2013) (interprets ICWA active‑efforts requirement and limits application where parent never had custody)
In re Adoption of Madysen S. et al., 293 Neb. 646 (state law on parental rights pending final adoption order and bifurcation)
In re Interest of Walter W., 274 Neb. 859 (active‑efforts standard is case‑by‑case and should be culturally relevant)
In re Adoption of Simonton, 211 Neb. 777 (definition and proof requirements for abandonment in adoption context)