Caselaw Updates

Caselaw Updates

Filed on
Friday, September 22, 2006
SUMMARY: A timely appeal of an order terminating parental rights may be allowed to proceed in forma pauperis when the motion is accompanied by a poverty affidavit that has been” properly made and authenticated, out of state before a person authorized to administer oaths in the place where the...Read more
Filed on
Tuesday, September 19, 2006
SUMMARY: The juvenile court properly exercised its emergency jurisdiction over Maxwell while one parent was incarcerated and the other parent was in alcohol treatment. Although there was a South Dakota custody order, the Nebraska court could continue its jurisdiction so long as the emergency...Read more
Filed on
Tuesday, August 29, 2006
SUMMARY: Even though the mother was “not at fault for her present situation and that she very much desire[d] [her daughter’s] return” the court recognized that “when a parent is unable or unwilling to rehabilitate himself or herself within a reasonable time, the best interests of the child require...Read more
Filed on
Tuesday, August 22, 2006
SUMMARY: The court upheld the juvenile court’s order terminating a father’s parental rights to both children where the child who suffered the alleged abuse was under the father’s care when the alleged abuse occurred. The injuries were of a type that would not have normally occurred in the absence...Read more
Filed on
Tuesday, July 11, 2006
SUMMARY: “The stated purposes of the ICWA are best served by allowing parents to raise, in their direct appeal from a termination of parental rights, the issue of the State’s failure to notify the child’s Indian tribe of the termination of parental rights proceedings as required by § 43-1505(1).”...Read more
Filed on
Tuesday, July 11, 2006
SUMMARY: “The stated purposes of the ICWA are best served by allowing parents to raise, in their direct appeal from a termination of parental rights, the issue of the State’s failure to notify the child’s Indian tribe of the termination of parental rights proceedings as required by § 43-1505(1).”...Read more
Filed on
Monday, July 3, 2006
SUMMARY: The sole testimony of two caseworkers with limited firsthand knowledge of the mother’s progress did not sufficiently establish that termination was in the children’s best interests, such as evidence that adoption was a possibility or of the needs or interests of the children. On April 22,...Read more
Filed on
Tuesday, June 27, 2006
SUMMARY: The court upheld the order terminating a mother’s parental rights after she failed to make significant progress with court requirements after services offered to the family were unsuccessful, and it was deemed that the risk factors present at the time of removal were still present at the...Read more
Filed on
Tuesday, June 27, 2006
SUMMARY: The juvenile court properly found a youth to be within the jurisdiction of the juvenile court and rejected the mother’s argument that any action or inaction on her part, regarding her other children, prior to this child’s birth could not be used by the State to prove that she had neglected...Read more
Filed on
Tuesday, June 27, 2006
SUMMARY: There was no merit in a challenged to the juvenile court’s suspension of a mother’s visitation, nor was there inadequate notice that DHHS was seeking suspension of visitation. The mother failed to make a written motion for continuance and supporting affidavit as required by law, but she...Read more
Filed on
Tuesday, June 27, 2006
SUMMARY: “When proceeding solely under § 43-292(7),” which requires that the child has been in out-of-home placement for 15 of the most recent 22 months, “the appellate court must be particularly diligent in its de novo review of whether termination is in the best interests of the child.” The...Read more
Filed on
Tuesday, June 13, 2006
SUMMARY: A pending motion to transfer in the juvenile court cannot be appealed since there is no final order by which the parents can appeal. Faren H. was born on June 2, 2005. On June 7, 2005, the state filed a petition to adjudicate the child under 43-247(3)(a) and to terminate parental rights of...Read more
Filed on
Tuesday, May 30, 2006
SUMMARY: The Court of Appeals affirmed the trial court’s decision to follow the DHHS recommendation that the child be removed from his foster home and be placed with his maternal aunt. While the foster parents’ presented some evidence indicating that Brandon’s custody should not be changed” the...Read more
Filed on
Tuesday, May 30, 2006
SUMMARY: The Nebraska Court of Appeals found that termination of a mother’s parental rights was appropriate for four siblings in a second termination proceeding because although the State presented evidence from the time period before the first termination proceeding, they used such evidence in...Read more
Filed on
Tuesday, May 16, 2006
SUMMARY: In upholding an order terminating a father’s rights, the court took judicial notice of a Nebraska Supreme Court decision which made the father’s conviction, for second degree murder and child abuse resulting in the death of his daughter Diana, final.Thus, making up for an evidentiary...Read more

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