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Filed on
Thursday, July 3, 2014
SUMMARY: Because there was no evidence of coercion during the mother’s voluntary case with DHHS, due process requirements were not triggered prior to the filing of a petition. Due process protections after the filing of the petition were sufficient, and there was a prima facie case for N.R.S. 43-...Read more
Filed on
Tuesday, December 31, 2013
SUMMARY: Termination of parental rights was proper in an ICWA case where the children were out of home 39 months and had special needs that required a stable home, and the parents consistently failed to follow through on services despite being given much assistance. Shane, born in 2003, Lena, born...Read more
Filed on
Friday, December 27, 2013
SUMMARY: A juvenile court cannot allow an attorney to withdraw without a showing that the attorney made diligent efforts to notify the parent of his intent to withdraw. Due process was violated because the court excused the mother’s attorney from representing her at the TPR trial without notifying...Read more
Filed on
Tuesday, September 24, 2013
SUMMARY: A foster parent has standing to appeal a court order approving a case plan that changes placement, and such an order is final and appealable. However, the record supports the juvenile court’s order changing placement from the grandparent’s home due to her violation of court orders. Montana...Read more
Filed on
Tuesday, March 12, 2013
SUMMARY: Termination of parental rights was proper where the mother did not show continued improvement over the two years the children were in foster care, the children thrived when they did not have contact with the mother, and the mother failed to take responsibility and instead blamed the...Read more
Filed on
Friday, December 14, 2012
SUMMARY: In a motion to transfer to tribal court, the court must consider whether the “advanced stage” of the proceedings is good cause not to transfer based on the date of filing the TPR petition, not from the beginning of the abuse/neglect proceedings. Best interests cannot be a consideration in...Read more
Filed on
Tuesday, September 27, 2011
SUMMARY: Denial of transfer to the tribal court was proper where the facts suggested there would be undue hardship on the parties in presenting evidence to decide the case at the tribal court in South Dakota. Melaya F. and Melysse F., ages 4 and 1, were removed from the mother, Mindy, around...Read more
Filed on
Friday, September 16, 2011
SUMMARY: A juvenile court has the authority to hold DHHS in contempt for failure to comply with an order but must provide DHHS with reasonable notice and an opportunity to be heard. Thomas was adjudicated in April 2010 under N.R.S. 43-247 (1), (2), and (3)(b), for committing acts that would be a...Read more
Filed on
Tuesday, March 22, 2011
SUMMARY: A parent cannot delay a proceeding by challenging paternity when a default order of paternity had been entered years earlier and has remained uncontested by that parent. Javontae, DOB 6/93, is the child of James, who has been incarcerated a majority of Javontae’s life. On June 3, 2010, the...Read more
Filed on
Tuesday, January 18, 2011
SUMMARY: The physical locus of a child at the time an amended petition is filed does not affect the subject matter jurisdiction of the presiding juvenile court. Tegan, a child under one, was taken to the emergency room by her mother for second-degree burns on her face, ears and neck. The doctors...Read more

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