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risk

Filed on
Thursday, June 19, 2014
SUMMARY: Evidence that a mother failed to address her illegal drug use and that the child tested positive for PCP was sufficient to terminate a mother’s parental rights. In January 2013, the State of Nebraska filed a supplemental petition after Na’Rodshae (DOB: January, 2013) tested positive for...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, December 3, 2013
SUMMARY: Since the rights advisement at adjudication didn’t include termination of parental rights as a possible consequence, 43-292(6) cannot be a ground for termination. The evidence didn’t support the remaining TPR ground because there was no showing how the father’s prior drug use made him...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
Friday, July 12, 2013
SUMMARY: Adjudication of the mother’s sons was improper because they were living with the grandparents and were not in any danger of the mother’s alcohol-fueled episodes or domestic violence incidents with her husband. A 3a petition was filed as to Sylissa, age 14, and Justine, age 11, on April 12...Read more
Filed on
Tuesday, November 20, 2012
SUMMARY: Drug possession, delivery and use near the presence of the children, possession of explosive materials and a dirty house are sufficient to establish a definite risk of harm for adjudication. A petition pursuant to Neb. Rev. Stat. 43-247(3)(a) was filed in January 24, 2012, after a search...Read more
Filed on
Tuesday, May 1, 2012
SUMMARY: Proper notice of allegations against a parent in the petition is a requirement of due process, not of jurisdiction. In the allegation of non-supervision of a child, duration is a critical piece of establishing definite risk of harm. A 3a petition as to Taeven, DOB 5/09, was filed on May 3...Read more
Filed on
Wednesday, February 8, 2012
SUMMARY: Because there was no evidence of domestic violence between the parents creating definite risk of harm to the children, dismissal of the 3a petition was proper. Blessing S., DOB 2/09, and Phillip S., Jr., DOB 2/10, are the children of Shardee and Phillip. On February 24, 2011, the State...Read more
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 18, 2010
SUMMARY: Adjudication of the child removed at birth was proper because the mother failed to address issues of domestic violence by her partner against her and therefore placed the child at risk for harm. Bianca, DOB 2/03, and Eternity, DOB 12/04, were removed from the parental home of Antonio and...Read more

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