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parental rights

Filed on
Friday, January 28, 2005
SUMMARY: Because the testimony of the sole witness for the State was primarily based on hearsay and the testimony from the mother’s therapist that the mother was improving her parenting skills and that the child would be harmed by termination was not contradicted, the State did not prove that...Read more
Filed on
Friday, September 26, 2003
SUMMARY: To establish that reasonable efforts to reunify are not required, the State must provide clear and convincing evidence. The nature and severity of the abuse, the delay in seeking treatment and the ongoing denial by the parents in this case establish that reasonable efforts are not required...Read more
Filed on
Friday, January 17, 2003
SUMMARY: During an appeal of termination of parental rights, the parents cannot collaterally attack the adjudication or case plans adopted pursuant to adjudication. The condition of the home, which was the basis for adjudication, was merely a manifestation of the parents’ inability to properly care...Read more
Filed on
Friday, January 25, 2002
SUMMARY: A separate hearing is not required when a parent challenges the provision of reasonable efforts under Neb. Rev. Stat. section 43-283.01. Although incarceration cannot alone be a basis for termination, the court may consider the facts that led to the incarceration and the parent’s inability...Read more
Filed on
Friday, August 13, 1999
SUMMARY: It is not unconstitutional for the guardian ad litem to perform both the investigatory duties of a guardian ad litem and bring and try a motion to terminate parental rights as authorized in Neb. Rev. Stat. section 43-272.01(2). As a ground for termination under 43-292(6), the...Read more
Filed on
Friday, April 2, 1999
SUMMARY: A prior adjudication is not required for the termination of parental rights brought under Neb Rev. Stat. section 43-292(1) through (5). Joshua, then age 9, was voluntarily placed in foster care in April 1995 while the mother, Mitzi, was incarcerated. Joshua was adjudicated under Neb. Rev...Read more
Filed on
Friday, April 2, 1999
SUMMARY: A prior adjudication is not required for the termination of parental rights brought under Neb Rev. Stat. section 43-292(1) through (5). Joshua, then age 9, was voluntarily placed in foster care in April 1995 while the mother, Mitzi, was incarcerated. Joshua was adjudicated under Neb. Rev...Read more
Filed on
Tuesday, May 21, 1996
SUMMARY: A juvenile court does not have jurisdiction to terminate parental rights during an appeal. Termination proceedings are not collateral and independent from initial proceedings in a 3a case. A second detention order entered after adjudication has been held is a final, appealable order...Read more
Filed on
Friday, March 12, 1993
SUMMARY: Neb. Rev. Stat. section 43-285(2), which provides that a party must prove by a preponderance of evidence that the proposed DHHS case plan is not in the child’s best interests in order for the court to disapprove it, is not unconstitutional as applied in this case because the mother never...Read more
Filed on
Friday, April 3, 1992
SUMMARY: The physical presence of a parent at the hearing to terminate parental rights is unnecessary so long as the parent has been provided procedural due process. Parental incarceration may be considered in reference to abandonment as a basis for termination of parental rights under 43-292(1). L...Read more

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