Caselaw Updates

Caselaw Updates

Filed on
Tuesday, May 27, 2008
SUMMARY: An 18-day delay between the ex parte order and the detention hearing is “on the outer edge of reasonableness” but is not unreasonable. The evidentiary basis of an ex parte temporary detention order is not appealable because the ex parte order is not a final order. On November 5, 2007, the...Read more
Filed on
Friday, May 23, 2008
SUMMARY: A jury finding of liability under a §1983 claim based on violation of the father’s substantive due process rights in the relinquishment of his parental rights to Amanda C. has preclusive effect in the subsequent lawsuit brought by Amanda C. alleging violation of her substantive due process...Read more
Filed on
Tuesday, May 6, 2008
SUMMARY: Termination was in the children’s best interests because the mother did not substantially comply with the rehabilitation plan in the 20 months the children were out of the home, as she made minimal progress in addressing her parenting issues, did not undergo random drug testing, continued...Read more
Filed on
Tuesday, February 26, 2008
SUMMARY: Affirming the juvenile court’s termination of parental rights, the Court held that the multiple rib fractures and two subdural hematomas of differing ages in the infant child which all would have required a significant amount of force to occur supported the factor required for 43-292(2)...Read more
Filed on
Tuesday, February 5, 2008
SUMMARY: Because the court did not place the children in the father’s sister’s home as recommended by DHHS, proper appeal of the placement order is to the juvenile review panel and because no request for review was made the appellate court therefore lacks jurisdiction. Extensive criminal history,...Read more
Filed on
Tuesday, February 5, 2008
SUMMARY: “Termination of parental rights is justified if a parent has committed murder of another child of the parent; committed voluntary manslaughter of another child of the parent; aided or abetted, attempted, conspired or solicited to commit murder, or aided abetted voluntary manslaughter of...Read more
Filed on
Friday, January 18, 2008
SUMMARY: In termination of parental rights cases involving NICWA, the “serious emotional and physical damage” element is the only element that has the higher burden of “beyond a reasonable doubt” as required by statute; all other elements, including active efforts and the best interests standard,...Read more
Filed on
Friday, December 21, 2007
SUMMARY: If a child no longer comes within the meaning of the statute under which he was adjudicated, a juvenile court may terminate jurisdiction without consideration of the best interests of the child. Kevin K. was adjudicated on April 22, 2005 under N.R.S. 43-247(3)(b) upon a finding that he had...Read more
Filed on
Friday, December 21, 2007
SUMMARY: If a child no longer comes within the meaning of the statute under which he was adjudicated, a juvenile court may terminate jurisdiction without consideration of the best interests of the child. Kevin K. was adjudicated on April 22, 2005 under N.R.S. 43-247(3)(b) upon a finding that he had...Read more
Filed on
Friday, December 21, 2007
SUMMARY: Pursuant to N.R.S. 43-292.02, when deciding whether to terminate parental rights, a court should not consider than an adoptive family has been identified. The children, Vincent R., Destiny A. and Antonio A., were removed from the mother’s custody based on positive drug tests at birth of...Read more
Filed on
Tuesday, December 11, 2007
SUMMARY: When a motion to transfer to juvenile court is filed, subsequent hearings cannot be held absent a finding of good cause. A 3(a) petition was filed alleging that the child was a member of an Indian tribe and that parental rights should be terminated pursuant to N.R.S. 43-292(2) and (4). One...Read more
Filed on
Tuesday, November 27, 2007
SUMMARY: An order restricting the father’s visitation schedule (from several times per week to every month to every other month) significantly impacted his parental right and was thus a final, appealable order. With his incarceration, length of travel to visit and limitation on positive interaction...Read more
Filed on
Friday, October 19, 2007
SUMMARY: The Nebraska Supreme Court overturned a Court of Appeals decision upholding termination of a mother’s rights even though the medical condition that had prompted the initial adjudication had resolved. The Court stated that the fact a child has been in out of home placement for 15 of the...Read more
Filed on
Tuesday, July 31, 2007
SUMMARY: Jurisdiction over a truant juvenile was continued even though she had attended all her classes at the Youth Rehabilitation and Treatment Center. The court ruled that “the simple fact that [she] ha[d] not been truant… [was] not enough to terminate the court’s jurisdiction, because the...Read more
Filed on
Tuesday, July 24, 2007
SUMMARY: The Court of Appeal determined that the State failed to prove its claim that “the children [were] likely to be injured without intervention by the juvenile court” after their parents were involved in an altercation, because the state provided no evidence of prior domestic violence, no...Read more

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