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witness

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, January 21, 2014
SUMMARY: Evidence stemming from a voluntary agreement between the parent and DHHS cannot be used against the parent in support of terminating parental rights. Kerri is the mother of Joseph, DOB 1/00, William, DOB 11/05, and Steven, DOB 12/06. Kerri was involved with DHHS and the juvenile court from...Read more
Filed on
Tuesday, December 31, 2013
SUMMARY: Termination of parental rights was proper where the child had been in foster care for half of her life and did not want to live with the parent, and the parent and child did not have a strong bond or relationship. On August 23, 2011, Jaiden, DOB 8/03, was removed from the home of the...Read more
Filed on
Tuesday, December 11, 2012
SUMMARY: Termination of the father’s parental rights was proper where the child had been in foster care 19 months and the father had done little to comply with the case plan, including working on domestic violence issues. Mario Jr., DOB 2/10, was removed from the mother at birth and an amended...Read more
Filed on
Tuesday, October 2, 2012
SUMMARY: Termination of parental rights were proper where the mother had received parenting assistance since 2003 but failed to make sufficient progress to allow the children to return to her care. The children were removed from the home of the mother, Selina, on the following dates: Nyaliet,...Read more
Filed on
Tuesday, March 20, 2012
SUMMARY: Termination of the father’s parental rights was proper where the father consistently failed to engage in services to improve the condition of his home and was unable to put himself in a position to parent his children. The father was not prejudiced from his GAL being excluded from...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 12, 2011
SUMMARY: Termination of parental rights was proper because the father continually failed to deal with his ongoing issues with alcohol abuse and the mother failed to understand and seek proper treatment for her mental health disorder, and neither made acceptable progress in improving their parenting...Read more
Filed on
Tuesday, October 5, 2010
SUMMARY: Refusal to invalidate an adjudication order that was not ICWA compliant was proper because ICWA provisions apply prospectively from the formal identification of the child as Indian, because there was no basis for collateral attack and because Neb. Rev. Stat. 43-1507 does not apply where...Read more
Filed on
Tuesday, May 18, 2010
SUMMARY: Because the father did not show how he was prejudiced by judicial notice of evidence in the earlier adjudication hearing, there was no finding that the court erred. A district court order denying an ex parte protection order was properly excluded because it only included the judge’s...Read more

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