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physical

Filed on
Tuesday, June 24, 2014
SUMMARY: In adjudication cases, the proof required for active efforts under ICWA is by a preponderance of the evidence. Active efforts were provided in this case; however, removal of the children was improper because there was not evidence of serious emotional damage as required under ICWA. A court...Read more
Filed on
Tuesday, May 27, 2014
SUMMARY: Termination of parental rights was proper where the child had multiple injuries over several years, where he was diagnosed with psycho-social dwarfism, where he was severely delayed in multiple areas but made quick improvements after being placed in foster care and where the parents failed...Read more
Filed on
Friday, March 21, 2014
SUMMARY: Termination of the mother’s parental rights was proper where she physically and verbally abused the children, had mental health issues that she didn’t adequately address, lied about taking medication and could not maintain a period of stability. However, termination of the father’s...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
Monday, December 30, 2013
SUMMARY: Immediate termination of parental rights to a child born after the involuntarily termination of prior children was proper where the mother continued to deny physical abuse by the father that led to the prior terminations and maintained a close relationship with him. Eli, DOB 8/12, was born...Read more
Filed on
Tuesday, December 17, 2013
SUMMARY: Adjudication was proper where the evidence established that the child’s stepparent pushed her, slapped her multiple times, called her stupid, threw her against a wall and pushed a heavy vase off a table toward her. Chelsea, age 16, got into a heated argument with her mother, Theresa, and...Read more
Filed on
Tuesday, November 5, 2013
SUMMARY: Termination was proper where the mother failed to maintain her psychiatric care and medications, was unwilling to acknowledge her boyfriend’s culpability in her son’s injuries, and made insufficient progress in the five years she was involved with DHHS. The mother, Nichole, has been...Read more
Filed on
Tuesday, November 5, 2013
SUMMARY: Termination was proper where the mother failed to maintain her psychiatric care and medications, was unwilling to acknowledge her boyfriend’s culpability in her son’s injuries, and made insufficient progress in the five years she was involved with DHHS. The mother, Nichole, has been...Read more
Filed on
Tuesday, August 20, 2013
SUMMARY: Termination of parental rights in an ICWA case was proper where the mother refused mostly all services, some of which were culturally targeted. Melaya, born in 2006, and Melysse, born in 2010, were removed from the home of the mother, Mindy, on December 12, 2010 after the mother was found...Read more
Filed on
Tuesday, May 28, 2013
SUMMARY: Termination of parental rights was improper because the tribe was not initially given proper notice of the termination proceedings as required under ICWA, only notice of the adjudication proceedings, nor was it provided with notice of the amended pleadings at least 10 days prior to trial...Read more

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