Caselaw Updates

Caselaw Updates

Filed on
Friday, January 16, 2004
SUMMARY: A termination of parental rights was improper when the mother was deported from the country, was not represented at either the adjudication or termination hearings, the record was devoid of any facts to support the case plan, and the mother was not given any provisions or opportunity to...Read more
Filed on
Tuesday, October 21, 2003
SUMMARY: Father’s judicial admissions through pleadings and affidavits to being natural father and juvenile court’s implicit adjudication of paternity are sufficient to preclude challenge to paternity. The child’s former guardian ad litem having joined the county attorney’s office does not...Read more
Filed on
Friday, September 26, 2003
SUMMARY: To establish that reasonable efforts to reunify are not required, the State must provide clear and convincing evidence. The nature and severity of the abuse, the delay in seeking treatment and the ongoing denial by the parents in this case establish that reasonable efforts are not required...Read more
Filed on
Tuesday, July 15, 2003
SUMMARY: A conviction of felony child abuse is not sufficient to show that reasonable efforts are not required pursuant to Neb. Rev. Stat. section 283.01(4)(b)(iv). Preponderance of the evidence must establish “felony assault.” The breaking of a baby’s leg is considered a “serious bodily injury.”...Read more
Filed on
Friday, January 17, 2003
SUMMARY: During an appeal of termination of parental rights, the parents cannot collaterally attack the adjudication or case plans adopted pursuant to adjudication. The condition of the home, which was the basis for adjudication, was merely a manifestation of the parents’ inability to properly care...Read more
Filed on
Tuesday, July 30, 2002
SUMMARY: State could properly file a subsequent motion to terminate a mother’s parental rights due to the mother’s mental illness or deficiency when a prior motion to terminate her parental rights based on repeated neglect was overturned on appeal. Termination was in the children’s best interests...Read more
Filed on
Tuesday, February 19, 2002
SUMMARY: When there are allegations against a custodial parent, the burden is on the state to allege and prove that the children should not be placed with other natural parent after the first 48 hours of emergency detention pending adjudication. A petition filed July 23, 2001 alleged that William,...Read more
Filed on
Friday, January 25, 2002
SUMMARY: A separate hearing is not required when a parent challenges the provision of reasonable efforts under Neb. Rev. Stat. section 43-283.01. Although incarceration cannot alone be a basis for termination, the court may consider the facts that led to the incarceration and the parent’s inability...Read more
Filed on
Tuesday, October 2, 2001
SUMMARY: The juvenile court had jurisdiction to terminate parental right even though the parent’s admissions to the allegations of the petitions should not have been accepted because of a defective rights advisement because this defect did not taint later proceedings. On June 8, 2000, Nathan called...Read more
Filed on
Tuesday, May 15, 2001
SUMMARY: Evidence of severe injuries was sufficient to adjudicate the children when the parents could not offer an explanation as to the injuries but were the child’s primary caregivers. On November 24, 1999, the State filed petitions as to Sarah (DOB: 7/7/1998) and Jason (DOB: 7/29/1999) alleging...Read more
Filed on
Tuesday, April 24, 2001
SUMMARY: The juvenile court did not abuse its discretion in denying parents’ motions to continue proceedings or to allow the mother to participate telephonically. Evidence was sufficient to support termination of parental rights where the mother refused and neglected to give necessary parental care...Read more
Filed on
Wednesday, April 18, 2001
SUMMARY: Juvenile court gave collateral estoppel effect to the findings in siblings proceeding that parents had failed to provide proper parental care. Parents of Jaden H. had parental rights to two other children (Destiny and Suede) terminated under §43-247(3)(a) in a previous proceeding. The...Read more
Filed on
Tuesday, October 10, 2000
SUMMARY: When children are adjudicated and under the jurisdiction of a juvenile court, the parental preference doctrine is not controlling and the best interests of the children is the proper test. <br />&nbsp; County court for Dodge County granted consent for Cole C. and Patricia C., the...Read more
Filed on
Tuesday, June 6, 2000
SUMMARY: Change of placement was affirmed after all parties working with family agreed it was in child’s best interest to return to legal guardian after sexual contact by siblings. The state filed a petition in juvenile court that alleged Tanisha’s two older brothers had sexual contact with her...Read more
Filed on
Friday, March 3, 2000
SUMMARY: Termination of parental rights was proper where there was evidence that the parents were unwilling or unable to learn necessary parenting skills and had not developed a bond with the children. Lisa (DOB 1/22/1996) was removed from her parents’ care on March 22 due to an unsafe and...Read more

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