Caselaw Updates

Caselaw Updates

Filed on
Tuesday, June 18, 2013
SUMMARY: Termination of parental rights was proper where the mother made poor progress on reunification, was difficult to contact, surrounded herself by individuals with gang affiliations and failed to maintain a safe home. Marieanna, DOB 8/09, was born to Cindy while she was incarcerated at the...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
Filed on
Tuesday, May 21, 2013
SUMMARY: Termination of parental rights was improper where the mother made continuous improvements after she ended an abusive relationship with her boyfriend. Chloe, DOB 6/03, and Carly, DOB 9/07, were removed from the mother, Staci, on January 22, 2010, after Chloe was found to have bruises on her...Read more
Filed on
Tuesday, May 7, 2013
SUMMARY: Termination of parental rights was proper because the parents’ mental illness prevents them from being able to parent for a prolonged indeterminate period, and they did not make sufficient efforts to avail themselves of services. Josselynn was born prematurely in May 2010 and spent 20 days...Read more
Filed on
Thursday, April 25, 2013
SUMMARY: The juvenile court ordering of the mother to complete a pre-treatment assessment and authorizing the release of her mental health records to DHHS were not reasonable because there is no showing of any need for parental rehabilitation where the adjudication of no fault was based only on the...Read more
Filed on
Wednesday, April 24, 2013
SUMMARY: Evidence was sufficient to support a termination of a mother’s parental rights when the mother sexually assaulted a young girl and suffered from mental disabilities. The juvenile court did not err by excluding expert testimony of psychosexual development of teenage girls and of the mother’...Read more
Filed on
Tuesday, April 23, 2013
SUMMARY: Evidence that the mother was diagnosed with mild mental retardation, her condition was unlikely to improve, and the child had special needs was sufficient to support a termination of the mother’s parental rights, despite evidence that the mother loved the child. Ashe (DOB 1/2003) was...Read more
Filed on
Tuesday, April 9, 2013
SUMMARY: The State’s amending the petition to add the 15/22 ground for termination immediately prior to trial was not improper where the father alleged no prejudice he suffered as a result. Termination of the father’s parental rights was improper because there was not sufficient evidence that...Read more
Filed on
Tuesday, April 9, 2013
SUMMARY: Evidence was sufficient to support a father’s termination of parental rights when the father was incarcerated for all of the child’s life and had made no progress toward reunification. Kelly, father of Adlai (DOB 7/2007), was incarcerated for robbery and use of a weapon to commit a felony...Read more
Filed on
Tuesday, April 9, 2013
SUMMARY: Termination of parental rights was proper when the father took over a year to establish paternity, did not participate in offered services, and was incarcerated for most of the child’s life. In April, 2009, Kaira (DOB 1/2009) was removed from her mother’s home following her mother’s arrest...Read more
Filed on
Tuesday, April 2, 2013
SUMMARY: The children’s repeated exposure by the parents to domestic violence is chronic abuse under the aggravated circumstances termination of parental rights ground of 43-292. Julian and Peggy, the parents of Phillip, born in 1996, Angelina, born in 2000, Adriana, born in 2003, and Marciano,...Read more
Filed on
Tuesday, March 12, 2013
SUMMARY: Termination of parental rights was proper where the mother did not show continued improvement over the two years the children were in foster care, the children thrived when they did not have contact with the mother, and the mother failed to take responsibility and instead blamed the...Read more
Filed on
Tuesday, March 5, 2013
SUMMARY: Removal of the children from the non-custodial parent in an ICWA case was improper because no qualified expert witness established that continued custody would cause serious emotional or physical damage to the children and there was no determination that active efforts had been made as to...Read more
Filed on
Tuesday, February 5, 2013
SUMMARY: Despite evidence that the father participated in some court-ordered services and cared for his son, the fact that the father was not in a position to parent a child with special needs supported termination of the father’s parental rights. In October of 2009, Jayden (DOB 9/10/09) was...Read more
Filed on
Tuesday, January 15, 2013
SUMMARY: Changing the permanency goal from reunification to guardianship/adoption was proper where the children languished for two years while the mother denied her daughter’s sexual abuse and maintained a relationship with the offender. The order changing the permanency goal was a final,...Read more

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