Senate advances bill recognizing tribal customary adoptions with procedural safeguards

Nebraska Legislature · March 31, 2026

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Summary

The Judiciary Committee amendment to LB 10‑32, adopted on the floor, creates a process for state recognition and enforcement of tribal customary adoptions (TCAs), clarifies notification and timeline requirements for tribes, and aims to improve permanency options for Native children while emphasizing the child's best interests.

Senator DeBoer introduced LB 10‑32 to authorize recognition and enforcement of tribal customary adoptions (TCAs) in state law. She described the bill as a response to the historical harms of separating Native children from tribal culture and families and explained TCAs permit permanency that preserves tribal ties.

The committee amendment AM 28‑47 refines the bill to clarify when state courts must consider TCAs, sets notice requirements (e.g., notify the child's tribe at least 20 days before permanency hearings), limits the scope of temporary concurrent jurisdiction for tribal courts to finalizing TCA terms and adds a 120‑day deadline for tribal courts to complete a TCA. The amendment also removes a prohibition on state petitions for termination of parental rights and instead gives courts discretion in cases potentially eligible for TCAs.

Senator Boson, the committee sponsor, said the amendment keeps the bill's intent but creates clearer procedures and timelines intended to give tribes meaningful opportunities to participate and protect children's best interests. The amendment passed unanimously in committee and was adopted on the floor; LB 10‑32 was advanced to E & R initial with recorded votes in favor.

Supporters emphasized the bill's unanimous tribal support (all four state tribes) and the goal of providing permanency options that preserve cultural ties. The amendment's procedural clarifications and timelines were framed as improvements that reduce delay and enhance legal certainty for children and families.