Caselaw Updates

Caselaw Updates

Filed on
Saturday, July 7, 2007
SUMMARY: The Court of Appeals upheld the termination of a mother’s parental rights where continued alcohol abuse prevented her from providing “necessary parental care and protection” and caused her conduct to be “seriously detrimental to the health, morals, or well-being of” her children. Further,...Read more
Filed on
Tuesday, July 3, 2007
SUMMARY: A DHHS recommendation that a father be allowed to return to the family home did not have the best interests of the children as its “paramount concern” when the father’s behavior had failed to make “significant and measured improvement” and the evidence indicated a continuing psychological...Read more
Filed on
Tuesday, June 5, 2007
SUMMARY: A juvenile court is not required to terminate jurisdiction over a minor child even though the basis for acquiring jurisdiction no longer exists. Majority Opinion On April 25, 2005, Kevin was adjudicated under § 43-247(3)(b) for being habitually truant from school. The court ordered Kevin...Read more
Filed on
Wednesday, April 25, 2007
SUMMARY: While “expert opinion testimony” regarding the credibility of witness statements should be excluded, in this case, the officer’s statement, “read in context,” was not to vouch for the credibility of a witness, but simply explained her departure from the standard interview form, and thus...Read more
Filed on
Tuesday, April 17, 2007
SUMMARY: Termination of an incarcerated parent’s rights was in the best interests of the children because the incarceration prevented the parent from providing a “nurturing and structured environment,” and the parent’s continual perpetuation of crimes cast doubt on his ability to make the permanent...Read more
Filed on
Tuesday, March 13, 2007
SUMMARY: The trial court had the authority to prohibit therapy with a particular therapist based on evidence that the therapist was unable to understand why an adjudicated sex offender should be under the jurisdiction of the juvenile court. The trial court also properly declined to adopt DHHS’s...Read more
Filed on
Tuesday, February 27, 2007
SUMMARY: Retaining jurisdiction over the children was in their best interests because “the permanency goal ha[d] not been met and the family’s lack of financial stability is directly related to their inability to care for their home and children.” The recommendations of the LB1184 team, which...Read more
Filed on
Friday, January 19, 2007
SUMMARY: “A court must instruct the jury on a lesser-included offense if: (1) the elements of the lesser offense for which an instruction is requested are such that one cannot commit the greater offense without simultaneously omitting the lesser offense and (2) the evidence produces a rational...Read more
Filed on
Friday, January 5, 2007
SUMMARY: “An adoption cannot be vacated under NICWA where the tribe’s entry into the proceedings is untimely.” The biological mother of Kenten H, relinquished her parental rights to Kenten H to the Department of Health and Human Services. She later petitioned the county court to vacate the adoption...Read more
Filed on
Tuesday, November 14, 2006
SUMMARY: The court found that the father’s “failure to intervene, when he was provided with substandard information, [did] not constitute abandonment,” and that the father’s use of the “automatic withdrawal payment process for child support” was not “a token effort, nor [did] it someone negatively...Read more
Filed on
Tuesday, November 14, 2006
SUMMARY: The court found that the father’s “failure to intervene, when he was provided with substandard information, [did] not constitute abandonment,” and that the father’s use of the “automatic withdrawal payment process for child support” was not “a token effort, nor [did] it someone negatively...Read more
Filed on
Tuesday, November 14, 2006
SUMMARY: “To challenge a dispositional order entered by the juvenile court on the basis of an assertion that the permanency objection differs from the case plan proposed by DHHS and that such a ruling and plan so adopted is not the in the best interests of the children, [the parent] must present...Read more
Filed on
Tuesday, November 14, 2006
SUMMARY: Termination of a mother’s parental rights was in the child’s best interest because the mother failed to meet case plan requirements, and the child had formed a positive relationship with a foster family willing to adopt. Further, signed reports prepared by caseworkers were acceptable and...Read more
Filed on
Tuesday, October 31, 2006
SUMMARY: For the purposes of interpreting when DHHS is required to make reasonable efforts towards reunification under Neb. Rev. Stat. § 43-286.01, a family is defined as either the biological parents or a stepparent when such stepparent is married to the custodial parent at the time the petition...Read more
Filed on
Friday, September 29, 2006
SUMMARY: Under § 43-285, the juvenile court has the authority to remove a case manager, “when after nearly a year of limited progress” the court ordered DHHS to “reassign th[e] case to an experienced case manager with demonstrated knowledge of incest cases and the needed treatment protocol to...Read more

Pages