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evidence

Filed on
Tuesday, July 5, 2011
SUMMARY: Evidence of one-time methamphetamine use and past criminal history with no showing of child neglect or definite risk of harm is not sufficient for adjudicating the child within the meaning of N.R.S. 43-247(3)(a). Kaden, DOB 1/10, was removed from the mother’s home on March 30, 2010, after...Read more
Filed on
Tuesday, May 11, 2010
SUMMARY: The proper burden of proof for the adjudication of an Indian child is by a preponderance of the evidence, not clear and convincing. Emma, DOB approx. 1994, was placed in foster care on May 20, 2009, based on her allegations of physical abuse by her father, Geneo. On May 15, 2009, Emma...Read more
Filed on
Tuesday, May 4, 2010
SUMMARY: A 60-day delay between the ex parte order and protective custody hearing was not unreasonable due to the unusual circumstances of the case where DHHS did not obtain physical custody of the child until 1 ½ months after the ex parte order was issued. Because the child lived at least 6 months...Read more
Filed on
Tuesday, March 30, 2010
SUMMARY: There was not a violation of the father’s due process rights in the termination of his parental rights as, although he could not attend a portion of the trial due to incarceration, he was offered counsel and the opportunity to submit evidence and cross-examine witnesses. Bianca, DOB 2/03,...Read more
Filed on
Tuesday, May 27, 2008
SUMMARY: An 18-day delay between the ex parte order and the detention hearing is “on the outer edge of reasonableness” but is not unreasonable. The evidentiary basis of an ex parte temporary detention order is not appealable because the ex parte order is not a final order. On November 5, 2007, the...Read more
Filed on
Tuesday, November 14, 2006
SUMMARY: Termination of a mother’s parental rights was in the child’s best interest because the mother failed to meet case plan requirements, and the child had formed a positive relationship with a foster family willing to adopt. Further, signed reports prepared by caseworkers were acceptable and...Read more
Filed on
Tuesday, May 30, 2006
SUMMARY: The Nebraska Court of Appeals found that termination of a mother’s parental rights was appropriate for four siblings in a second termination proceeding because although the State presented evidence from the time period before the first termination proceeding, they used such evidence in...Read more
Filed on
Friday, April 8, 2005
SUMMARY: In adjudication proceedings joint representation does not deny due process and ineffective assistance of counsel is not an available claim if appointed pursuant to statute. Heather and two siblings were adjudicated to be within the meaning of §43-247(3)(a) after abuse allegations were...Read more
Filed on
Wednesday, April 18, 2001
SUMMARY: Juvenile court gave collateral estoppel effect to the findings in siblings proceeding that parents had failed to provide proper parental care. Parents of Jaden H. had parental rights to two other children (Destiny and Suede) terminated under §43-247(3)(a) in a previous proceeding. The...Read more
Filed on
Thursday, April 23, 1998
SUMMARY: Preadjudication and postadjudication detention hearings are dispositional in nature and strict rules of evidence are not applied to dispositional hearings, thus allowing caseworker hearsay testimony to be admitted. Gloria, 12 years of age, entered foster care in March 1993. Parental rights...Read more

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