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custody

Filed on
Tuesday, April 28, 2015
Summary: In this case the children were adjudicated under 43-247(3)(a) based upon the faults and habits of the father surrounding a domestic violence incident between the mother and the father. The factual basis for the adjudication included evidence that the father had been drinking prior to the...Read more
Filed on
Tuesday, June 10, 2014
SUMMARY: Continued protective custody of the children was appropriate where the mother failed to follow a safety plan of appropriately monitoring the children in a case with sexual abuse history. An 8-month time lapse between removal and completion of the Protective Custody Hearing did not violate...Read more
Filed on
Tuesday, May 20, 2014
SUMMARY: The active efforts requirement of ICWA applies even after the children are returned home to the parent.Rehabilitation plan requirements on medical care were not relevant to the adjudication of inappropriate discipline. Shayla H., DOB 8/01, Shania H., DOB 8/03, and Tanya H., DOB 9/04, were...Read more
Filed on
Tuesday, April 22, 2014
SUMMARY: The State’s 3a petition and motion for temporary custody should have been dismissed for failure to set forth allegations under ICWA because the State knew or should have known that ICWA applied. Avery, age 13, and Izabel, age 10, are the children of Katherine. On August 14, 2013, the State...Read more
Filed on
Tuesday, January 21, 2014
SUMMARY: Termination of parental rights was proper where the mother lost custody of four prior children and did not correct the conditions that led to the earlier issues or utilize the services offered to her. Jewel, DOB 12/12, is the child of Ronnie Jo. Ronnie Jo lost custody of four other...Read more
Filed on
Tuesday, January 7, 2014
SUMMARY: Adjudication under 43-247(3)(a) was proper where the evidence established that there was a physical altercation between the parents in the presence of the older child which established a definite risk of future harm. Christian, DOB 5/11, and Brysen, DOB 2/13, are the children of Jesse and...Read more
Filed on
Tuesday, November 5, 2013
SUMMARY: The parents’ behaviors, which included failure to take feeding instructions seriously, to have adequate formula and to comply with the feeding schedule, created a definite risk of harm that the baby would not be properly fed as medically required, warranting adjudication. It is not...Read more
Filed on
Tuesday, March 5, 2013
SUMMARY: Removal of the children from the non-custodial parent in an ICWA case was improper because no qualified expert witness established that continued custody would cause serious emotional or physical damage to the children and there was no determination that active efforts had been made as to...Read more
Filed on
Wednesday, January 2, 2013
SUMMARY: Removal and placing custody with the Department of Health and Human Services was proper when there was evidence of alcohol use and a pattern of leaving the children unsupervised. A petition was filed March 12, 2012 alleging Takeyla, the mother, and Terrence, the father, did not provide...Read more
Filed on
Tuesday, November 20, 2012
SUMMARY: Without an affirmative showing that the father was unfit, the court should have followed the parental preference doctrine and placed the child with him. Corbin, DOB 8/05, was removed from the mother, Ivy, after she allegedly assisted in burglarizing houses in Corbin’s presence. The court...Read more

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