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parental rights

Filed on
Thursday, December 31, 2009
SUMMARY: A difference in physical appearance between the parent and child or a suspicion based on infidelity are not just causes for abandonment of a child born in wedlock. Chance, DOB 4/17/06, was removed from the mother’s care in June 2007. On February 6, 2002, the mother, Miranda, married Andrew...Read more
Filed on
Friday, November 13, 2009
SUMMARY: A parent’s past history of mental illness and ability to recover is relevant to the issues of whether the parent can be rehabilitated and whether termination is in the children’s best interests. As Neb. Rev. Stat. section 43-292(6) was not a ground alleged, the State does not need to show...Read more
Filed on
Tuesday, November 10, 2009
SUMMARY: Termination was proper because the parents substantially and repeatedly neglected the children by failing to consistently visit for a substantial period of time and from refusing to comply with the case plan goals. The children, Yiech Y, DOB 10/94, Gach Y., DOB 6/96, Nyakueth Y., DOB 8/97...Read more
Filed on
Tuesday, November 3, 2009
SUMMARY: The absence of the guardian ad litem during the termination trial was not plain error. Because the father was not provided with a case plan until late in the case and there was little evidence establishing his failure to comply, termination of his parental rights was improper. The children...Read more
Filed on
Tuesday, September 8, 2009
SUMMARY: Termination of parental rights on the ground of abandonment and substantial neglect through incarceration was improper because there was no concrete evidence that established the length of incarceration and that the mother abandoned the child. To have records from a prior proceeding...Read more
Filed on
Tuesday, September 1, 2009
SUMMARY: In an ICWA case, active efforts should include direct guidance rather than passive referrals. The active efforts need only be culturally relevant if the conditions that led to out-of-home placement have some cultural basis. Evidence that termination is in the children’s best interests does...Read more
Filed on
Tuesday, July 21, 2009
SUMMARY: Grandparents no longer have a legal interest in court proceedings or a right to visitation once parents’ parental rights have been terminated, and could not intervene as foster or prospective adoptive parents as a matter of right. The children, Carlos, Carlynn and Joshowah, were removed...Read more
Filed on
Friday, June 26, 2009
SUMMARY: Termination of the parental rights of a deported mother was improper because the State did not prove parental unfitness especially as the mother submitted overwhelming evidence in two home studies of her fitness as a parent. The “best interest” standard does not mean finding one...Read more
Filed on
Tuesday, June 2, 2009
SUMMARY: The father did not abandon the child for purposes of 43-292 as he reasonably believed at birth that he was not the biological father of the child, had no contact with the mother or DHHS until the termination petition was filed, and made efforts to become involved once finding out he was...Read more
Filed on
Tuesday, May 19, 2009
SUMMARY: The mother’s consistent and substantial progress in the 17 months between the filing of the termination petition and the completion of the TPR trial make it error to terminate her parental rights. Dannie, DOB 10/30/02, was removed from her mother Michelle on April 26, 2004, after she...Read more

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