Caselaw Updates
Filed on:
SUMMARY: A preponderance of the evidence established that keeping the newborn with the mother in a prison nursery is contrary to the child’s welfare based on the mother’s past criminal and child welfare history. Kenyetta, DOB 3/11, was removed from the mother, Crystalynn, immediately after birth...
Filed on:
SUMMARY: Termination of parental rights was proper where the father had little contact with the child, would be incarcerated past her age of majority, and has a history of drug use and law violations, and where the child had substantial health needs that the father cannot manage. LaKeiara J., born...
Filed on:
SUMMARY: Termination of parental rights was proper where the father did little to address his issues as a batterer, the mother consistently denied any domestic violence against her and would allow the father would have ongoing contact, and the child’s behaviors that were consistent with exposure to...
Filed on:
SUMMARY: Termination of parental rights was the proper where the father failed to make significant progress over 3 years in becoming able to parent the child and where the mother, while making progress right before trial, had a 10-year history with the child welfare system, took little advantage of...
Filed on:
SUMMARY: Termination of parental rights was proper where the father failed to stop engaging in domestic violence, had an unstable living environment and failed to complete many court-ordered services including a batterer’s group. Shyan, DOB 9/08, was removed from the parents’ home on March 9, 2009...
Filed on:
SUMMARY: The newly enacted statute removing the presumption that the case plan is in the child’s best interests is applicable to an already-pending case because it only affects a procedural right. DHHS must offer reasonable efforts to a parent whose goal is reunification to correct the conditions...
Filed on:
SUMMARY: Evidence that parents had a long history of drug abuse that was harming the children was sufficient to support a termination of parental rights. Though the parents were not advised of the possibility of termination prior to admitting to the allegations in the petition, they failed to...
Filed on:
SUMMARY: Denial of transfer to the tribal court was proper where the facts suggested there would be undue hardship on the parties in presenting evidence to decide the case at the tribal court in South Dakota. Melaya F. and Melysse F., ages 4 and 1, were removed from the mother, Mindy, around...
Filed on:
SUMMARY: When the State seeks temporary custody of a child as to a second parent, even if non-custodial, a detention (i.e., Protective Custody) hearing must be held even if a prior detention hearing was held as to the custodial parent. Amari G, DOB 5/10, was removed from his mother at birth. The...
Filed on:
SUMMARY: A juvenile court has the authority to hold DHHS in contempt for failure to comply with an order but must provide DHHS with reasonable notice and an opportunity to be heard. Thomas was adjudicated in April 2010 under N.R.S. 43-247 (1), (2), and (3)(b), for committing acts that would be a...
Filed on:
SUMMARY: Termination of parental rights after child’s birth was proper where the mother had same functional impairments as she did when she lost the first of 3 prior children 4 years earlier. Bruce N., DOB 9/10, was removed at birth from the mother, Deaada, on the basis that 3 prior children born in...
Filed on:
SUMMARY: Termination of parental rights was proper where the mother failed to attend appointments and visits, had little progress in therapy, had unstable employment and did not provide adequate food for the child. The judge’s denial to recuse herself was proper where there was only an assertion of...
Filed on:
SUMMARY: Termination of parental rights was proper where after two years of services was unable to provide even the most minimal requirements for parenting and could not provide permanency or stability. Cheyenne, DOB 12/05, was formally removed from the mother, Melody, on December 29, 2008, after...
Filed on:
SUMMARY: Termination of parental rights was proper where the father had a frequent pattern of incarceration, did not properly care for older children and had a serious drug problem that hadn’t been adequately addressed. Two older siblings of Maurice Jr., DOB 7/09, were removed from the family home...
Filed on:
SUMMARY: Termination of parental rights was proper where the children had been in foster care for a substantial period of time, where the father had been incarcerated off and on during that time and had only sporadically visited the children. Tyler W., DOB 5/07, and Landon W., DOB 10/08, were...