Caselaw Updates

Caselaw Updates

Filed on
Friday, February 11, 2000
SUMMARY: A denial of a motion to dismiss the motion for termination of parental rights and of a motion for visitation is not a final order the can be directly appealed, because the denial does not affect substantial rights. Clifford (DOB 2/17/1990), Collette (DOB 2/1/1992) and Chelsea (DOB 12/28/...Read more
Filed on
Friday, January 14, 2000
SUMMARY: Termination of a mother’s parental rights was in the children’s best interest where there was evidence of the mother’s debauchery and habitual drug use, even though the court erred in allowing evidence of mental deficiency when there was no allegation of a mother’s mental deficiency. On...Read more
Filed on
Friday, October 29, 1999
SUMMARY: The fact that the father was incarcerated due to beating his wife was sufficient to support termination of the father’s parental rights because he neglected and refused to provide his daughter necessary care and protection. On December 4, 1996, a petition was filed alleging Kalie (DOB 12/2...Read more
Filed on
Friday, August 13, 1999
SUMMARY: It is not unconstitutional for the guardian ad litem to perform both the investigatory duties of a guardian ad litem and bring and try a motion to terminate parental rights as authorized in Neb. Rev. Stat. section 43-272.01(2). As a ground for termination under 43-292(6), the...Read more
Filed on
Friday, April 2, 1999
SUMMARY: A prior adjudication is not required for the termination of parental rights brought under Neb Rev. Stat. section 43-292(1) through (5). Joshua, then age 9, was voluntarily placed in foster care in April 1995 while the mother, Mitzi, was incarcerated. Joshua was adjudicated under Neb. Rev...Read more
Filed on
Friday, April 2, 1999
SUMMARY: A prior adjudication is not required for the termination of parental rights brought under Neb Rev. Stat. section 43-292(1) through (5). Joshua, then age 9, was voluntarily placed in foster care in April 1995 while the mother, Mitzi, was incarcerated. Joshua was adjudicated under Neb. Rev...Read more
Filed on
Tuesday, March 16, 1999
SUMMARY: Order of contempt requiring DHHS to pay $1,000 fine for filing case plan and court report one day late was invalid. A petition was filed 1/21/98 as to Simon H.; Simon was adjudicated on 5/13/98. At the adjudication hearing, the court asked the caseworker for the Department of Health and...Read more
Filed on
Friday, December 18, 1998
SUMMARY: An order declining to establish a rehabilitation plan is a final, appealable order. Declining to adopt a rehabilitation plan was not in error where the parents refuse to acknowledge the severity of the child’s injuries and the child requires constant care in an institutionalized setting...Read more
Filed on
Thursday, April 23, 1998
SUMMARY: Preadjudication and postadjudication detention hearings are dispositional in nature and strict rules of evidence are not applied to dispositional hearings, thus allowing caseworker hearsay testimony to be admitted. Gloria, 12 years of age, entered foster care in March 1993. Parental rights...Read more
Filed on
Friday, February 27, 1998
SUMMARY: Termination of parental rights reversed after de novo review of record. Hearsay evidence was ruled inadmissible after analysis of due process. Larry G, father of Constance G, appealed the juvenile court’s decision to terminate parental rights. The court of appeals reversed and the rights...Read more
Filed on
Monday, February 2, 1998
SUMMARY: Grandparents have a sufficient legal interest in dependency proceedings involving their biological or adopted grandchildren to entitle them to intervene prior to a final disposition because the relationship between grandparent and grandchild would be terminated if a dependency proceeding...Read more
Filed on
Friday, January 31, 1997
SUMMARY: If a parent files a timely appeal to a final order, the juvenile court does not have jurisdiction to consider the termination of the parent’s parental rights while the appeal is pending. However, an order that merely extends prior orders is not a final, appealable order. Evidence that a...Read more
Filed on
Friday, October 18, 1996
SUMMARY: Where there are two parents with separate homes, the children can be removed from the home of the unfit parent at the adjudication hearing without prejudicing the other parent’s rights. Terry G., father of Amber G. and siblings, appealed order approving the case plan of the Department of...Read more
Filed on
Tuesday, May 21, 1996
SUMMARY: A juvenile court does not have jurisdiction to terminate parental rights during an appeal. Termination proceedings are not collateral and independent from initial proceedings in a 3a case. A second detention order entered after adjudication has been held is a final, appealable order...Read more
Filed on
Tuesday, March 12, 1996
Evidence of a father’s criminal history prior to birth of the child was properly admitted. Evidence was sufficient to support termination of the father’s parental rights where the father had a long history of criminal behavior, was unable to hold a job, and did not have a sustained interest in the...Read more

Pages