Caselaw Updates

Caselaw Updates

Filed on
Tuesday, May 2, 2006
SUMMARY: The argument that “voluntary relinquishment…is the opportunity to protect parental rights of afterborn children” is incompatible with the purpose and objectives of protecting children and ensuring the rights of all juveniles to care and protection contained within the Nebraska Juvenile...Read more
Filed on
Tuesday, May 2, 2006
SUMMARY: The argument that “voluntary relinquishment…is the opportunity to protect parental rights of afterborn children” is incompatible with the purpose and objectives of protecting children and ensuring the rights of all juveniles to care and protection contained within the Nebraska Juvenile...Read more
Filed on
Tuesday, April 11, 2006
SUMMARY: In examining the testimony of numerous medical experts disputing the explanations offered by the parents of their son’s multiple fractures, and given the rule that actual injury or physical harm is not required for the court to take protective steps, the Court of Appeals upheld a...Read more
Filed on
Tuesday, March 14, 2006
SUMAMRY: “In an action for adjudication of Indian children, it is necessary to plead facts under the ICWA.” In this case, the juvenile court committed error when it adjudicated the children under the original petition which did not contain the facts required by ICWA.Also, there was insufficient...Read more
Filed on
Tuesday, February 21, 2006
SUMMARY: “[T]he obligation which a parent owes to his or her children is not something which can be simply ‘phoned in’” and “[s]mall tokens of parental affection for a child are an inadequate substitute for parental presence in a child’s life.” The father appealed an order by the juvenile court...Read more
Filed on
Tuesday, February 14, 2006
SUMMARY: Unless the State seeks to terminate a parent’s rights under Neb. Rev. Stat. §43-292(5), the court is not required to appoint a guardian ad litem for the parent pursuant to Neb. Rev. Stat. §43-292.01. In this case, the State proved that termination was both necessary and in the child’s best...Read more
Filed on
Tuesday, January 31, 2006
SUMMARY: In cases where invalidation of previous court orders is sought due to a violation of the ICWA notice provision to the tribe, “it would be unreasonable to impose a time limitation of the § 1914 procedure upon the party claiming lack of notice.” However, this case did not involve a lack of...Read more
Filed on
Friday, January 13, 2006
SUMMARY: Adjudication was proper in a case involving a father who knew about the juvenile court proceedings involving his son for nearly two years, but “failed to put himself in a position to safely assume the parental care, support or protection of” his son.Termination was appropriate since the...Read more
Filed on
Friday, January 13, 2006
SUMMARY: It is not a violation of due process to have a different burden of proof for the termination of the parental rights to an Indian child than the burden of proof required to terminate parental rights to a non-Indian child, because the “parents of non-Indian children are not similarly...Read more
Filed on
Tuesday, June 7, 2005
SUMMARY: Termination of a father’s parental rights on the basis that he had abandoned the child for 6 months or more was in error where there was no evidence that the lack of contact was intentional and was directly attributable to the father’s lack of knowledge that he was the child’s father...Read more
Filed on
Friday, May 27, 2005
SUMMARY: The Fourth Amendment exclusionary rule does not apply to evidence obtained without a warrant that is admitted in a child protection proceeding. On March 17, 2004, a neighbor reported finding Jasmine alone outside the trailer park where she lived. Jennifer, mother of Corey, Dylan, Jasmine...Read more
Filed on
Friday, April 8, 2005
SUMMARY: In adjudication proceedings joint representation does not deny due process and ineffective assistance of counsel is not an available claim if appointed pursuant to statute. Heather and two siblings were adjudicated to be within the meaning of §43-247(3)(a) after abuse allegations were...Read more
Filed on
Friday, January 28, 2005
SUMMARY: Because the testimony of the sole witness for the State was primarily based on hearsay and the testimony from the mother’s therapist that the mother was improving her parenting skills and that the child would be harmed by termination was not contradicted, the State did not prove that...Read more
Filed on
Tuesday, June 1, 2004
SUMMARY: Sufficient evidence supported finding the mother caused the death of her child’s sibling and terminating the mother’s parental rights, though there was never a criminal conviction. The State filed a petition on January 24, 2003 to adjudicate Anthony, and filed a motion on April 30, 2003...Read more
Filed on
Tuesday, February 10, 2004
SUMMARY: A guardian ad litem appointed in a criminal proceeding cannot file a petition to adjudicate the child in juvenile court. On January 30, 2003, the county court appointed a guardian ad litem for Valentin, who was charged with criminal impersonation. On February 20, the GAL filed a petition...Read more

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