Caselaw Updates

Caselaw Updates

Filed on
Tuesday, September 10, 2013
SUMMARY: Termination of parental rights was proper where the father was repeatedly incarcerated on drug-related convictions, could not maintain abstinence from drugs and did not develop a consistent, strong relationship with the child. Emilee, DOB 3/07, is the child of Josey and Michael. Emilee...Read more
Filed on
Monday, September 9, 2013
SUMMARY: The juvenile court’s denial of a motion for therapeutic visitation was warranted when the evidence showed that the mother had disappeared for two years and had not corrected her substance abuse. In addition, termination of the mother’s parental rights was proper, despite evidence that the...Read more
Filed on
Friday, September 6, 2013
SUMMARY: A known adjudicated or biological father who has provided regular and substantial financial support to his child must be notified of abuse/neglect proceedings prior to the dispositional phase pursuant to N.R.S. 43-263 and 43-265. DHHS and its employees are protected by sovereign and...Read more
Filed on
Tuesday, September 3, 2013
SUMMARY: Termination of parental rights was proper where the mother failed to comply with UAs, did not attend chemical dependency treatment and continued a relationship with a man who was a barrier to reunification. Gary L. and Leanna L. were removed from the mother, Teresa L., on July 23, 2010,...Read more
Filed on
Friday, August 23, 2013
SUMMARY: Evidence supported adjudicating the child when the child tested positive for Methadone, a controlled substance, shortly after birth, and there was evidence the mother was taking Methadone without a current prescription. The State of Nebraska filed a petition on June 27, 2012, alleging that...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
Monday, August 19, 2013
SUMMARY: Evidence supported the mother’s termination of parental rights when there was testimony that the mother was given sufficient time to place herself in a position to parent and was either unable or unwilling to do so, even though there was some evidence that showed the mother had made...Read more
Filed on
Tuesday, August 6, 2013
SUMMARY: An order that merely extends the time a previous placement order is applicable, denies a motion for visitation and does not change the essential parts of the permanency plan regarding family preservation or prevent the father from working on the rehabilitation plan is not a final and...Read more
Filed on
Tuesday, July 30, 2013
SUMMARY: An order from the court removing reunification as a concurrent goal with adoption but otherwise not changing the terms of the previously adopted case plan is not a final order that can be appealed. Serenity G., DOB 6/06, Christopher G., Jr., DOB 4/07, and Averie G., DOB 2/09, are the...Read more
Filed on
Tuesday, July 23, 2013
SUMMARY: The rights advisory pursuant to N.R.S. 43-279.01 need only be given at the adjudication stage or termination of parental stage in a TPR case, not both stages. An initial appearance hearing on a 3a petition was held on October 1, 2009. The father, Ronald, was present, and the court advised...Read more
Filed on
Tuesday, July 23, 2013
SUMMARY: Termination of parental rights based largely on events stemming from a decade-old child death was proper because the mother has not shown she will prioritize her children’s safety given her current relationship and her less-than-forthcoming responses. A cross-appeal will not be considered...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
Friday, July 12, 2013
SUMMARY: Evidence supported the termination of a mother’s parental rights when the mother’s rights have been previously terminated for seven other children based on similar allegations, the mother had not exhibited any reliable improvement, and the mother was involved in a serious altercation...Read more
Filed on
Tuesday, June 25, 2013
SUMMARY: Subsequent disposition orders are not appealable where they are a continuation of the provisions of previous orders, even if the parent’s circumstances have changed. Mya, DOB 12/06, and Sunday, DOB 1/08, are the children of Nyamal. A 3a petition was filed on September 24, 2010. At the time...Read more
Filed on
Tuesday, June 18, 2013
SUMMARY: Termination of parental rights was proper where over a period of time after an appellate reversal of termination the father did not make significant progress toward reunification nor show the desire to do so. Ray’Cine, DOB 5/07, and Dejan, DOB 1/09, have been in foster care since birth...Read more

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