Caselaw Updates

bench hammer

Caselaw Updates

Filed on:
SUMMARY: Termination of parental rights was supported by evidence that the mother had had her parental rights terminated as to three other children and the mother failed to take responsibility for her action. In addition, the issue of the constitutionality of a court order relieving DHHS of its...
Filed on:
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 PCP...
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SUMMARY: Termination of parental rights was proper where the mother did not make notable progress in her case plan and continued to use methamphetamine daily. It was not a conflict of interest for the relative adoptive parent to work in the child support section of the county attorney office...
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SUMMARY: Continued protective custody of the children was appropriate where the mother failed to follow a safety plan of appropriately monitoring the children in a case with sexual abuse history. An 8-month time lapse between removal and completion of the Protective Custody Hearing did not violate...
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SUMMARY: There was not clear and convincing evidence that the father knew or believed he was the child’s father so there was insufficient evidence to prove abandonment and, in any event, his incarceration was a circumstance beyond his control that would also preclude a finding of abandonment...
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SUMMARY: An order temporarily suspending the educational rights of the parent is not final and appealable. Nathaniel, born in 2006, was removed from the home of the mother, Ashley, in November 2012 due to abuse and neglect. Nathaniel was adjudicated under 3a in February 2013 and a dispositional...
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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...
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SUMMARY: The active efforts requirement of ICWA applies even after the children are returned home to the parent.Rehabilitation plan requirements on medical care were not relevant to the adjudication of inappropriate discipline. Shayla H., DOB 8/01, Shania H., DOB 8/03, and Tanya H., DOB 9/04, were...
Filed on:
SUMMARY: Termination of parental rights was supported by evidence that the parents’ personal deficiencies, including alcohol dependency and domestic violence, prevented them from performing reasonable parental obligations, even though there was evidence that the parents had made some progress. The...
Filed on:
SUMMARY: Termination of parental rights was supported by evidence that the parents’ personal deficiencies, including alcohol dependency and domestic violence, prevented them from performing reasonable parental obligations, even though there was evidence that the parents had made some progress. The...
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SUMMARY: Adjudication and termination of the father’s parental rights was proper where the child was in out-of-home care for more than two years prior to the motion to terminate parental rights and the father was aware that the child was removed from the home but had only sporadic contact with the...
Filed on:
SUMMARY: A court’s denial to reinstate visitation when the TPR was set for four months later is temporary and not final and appealable. In November 2010, Nery was removed from the family home pursuant to N.R.S. 43-247(3)(a). On December 8, 2010, a motion to terminate parental rights was filed as to...
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SUMMARY: The State’s 3a petition and motion for temporary custody should have been dismissed for failure to set forth allegations under ICWA because the State knew or should have known that ICWA applied. Avery, age 13, and Izabel, age 10, are the children of Katherine. On August 14, 2013, the State...
Filed on:
SUMMARY: Termination of a father’s parental rights was supported by evidence that the father had not had any physical contact with the child for several years, had never financially supported the child, and was not in a situation to parent due to his incarceration. On November 9, 2010, the State...
Filed on:
SUMMARY: Evidence was sufficient to establish educational neglect under the juvenile code. A school has no duty to provide reasonable efforts to ensure child attendance when the filing is done as educational neglect under N.R.S. 43-247(3)(a). Laticia was 6 years old during the 2011-12 school year...