Caselaw Updates

Caselaw Updates

Filed on
Friday, January 19, 1996
SUMMARY: A juvenile court does not have jurisdiction to order sibling visitation between a foster care child and his non-adjudicated sibling who is still under the custody of the parent. Thirteen-year-old D.W. was adjudicated under Neb. Rev. Stat. section 43-247(3)(b) on April 22, 1992. Disposition...Read more
Filed on
Friday, March 24, 1995
SUMMARY: Adjudication of the child pursuant to Neb. Rev. Stat. section 43-247(3)(a) is contingent only upon the situation in which the child finds him or herself; the fault of the parent is not the issue. Prior to ordering a rehabilitation plan, the court must hold an evidentiary hearing to...Read more
Filed on
Tuesday, February 21, 1995
Summary: Adjudication was proper were circumstantial evidence established that the child was in the mothers care at the time of the injuries and the injuries were consistent with abuse. Evidence that is immaterial to the facts of consequence is irrelevant and can be properly excluded. A petition...Read more
Filed on
Friday, March 12, 1993
SUMMARY: Neb. Rev. Stat. section 43-285(2), which provides that a party must prove by a preponderance of evidence that the proposed DHHS case plan is not in the child’s best interests in order for the court to disapprove it, is not unconstitutional as applied in this case because the mother never...Read more
Filed on
Friday, May 15, 1992
SUMMARY: Adjudication and termination of parental rights was improper when petition did not allege any wrongdoing as to the daughter. The parents’ due process rights were violated when they were not advised of the potential consequence of termination of parental rights before they admitted to the...Read more
Filed on
Friday, May 8, 1992
Summary: Termination of parental rights was appropriate where the mother was not prejudiced nor deprived a substantial right due to the inability to compile a complete record and the record established she was unable to perform her parental responsibilities due to mental deficiencies which would...Read more
Filed on
Friday, April 3, 1992
SUMMARY: The physical presence of a parent at the hearing to terminate parental rights is unnecessary so long as the parent has been provided procedural due process. Parental incarceration may be considered in reference to abandonment as a basis for termination of parental rights under 43-292(1). L...Read more
Filed on
Friday, March 27, 1992
SUMMARY: Where a petition only alleges parental wrongdoing with the child’s siblings, and not any wrongdoing or neglect of the child, the juvenile court does not have jurisdiction to adjudicate that child. T.B. was arrested for sexually assaulting her three daughters; a fourth child, D.M.B., was...Read more
Filed on
Friday, January 24, 1992
Summary: The State made reasonable efforts to reunify the family by providing hands on parenting, home management, and cleaning support. Evidence that the father was unwilling to support or parent his children and that he was not bonded with the children supports the termination of his parental...Read more
Filed on
Friday, June 14, 1991
SUMMARY: Fourteen days between removal and the protective custody hearing is on the brink of unreasonableness but does not violate due process. The protective custody hearing order is a final, appealable order but the ex parte order is not. On August 10, 1990, R.G., an infant, was removed from the...Read more
Filed on
Friday, October 19, 1990
Summary: Evidence supported termination of parental rights when the mother suffers from mental illness which renders her incapable of discharging parental responsibility. The Platte County Juvenile Court found D.S. unable to discharge her parental responsibilities due to her mental illness and...Read more
Filed on
Friday, July 6, 1990
Summary: Termination of parental rights was proper when the evidence shows the parents had failed to create a place to which the children could return and the children had become so bonded with the foster parents it would be damaging to separate them. Additionally, the Department is only required...Read more
Filed on
Friday, May 25, 1990
Summary: Termination of the parental rights was proper for both parents where the father continually failed to comply with the rehabilitation plan by not seeking substance abuse or domestic violence counseling and the mother was unwilling to end the abusive relationship with the father. On May 12,...Read more
Filed on
Friday, May 18, 1990
Summary: Termination of parental rights was proper when a mental illness renders the mother unable to care for her children and will continue for a prolonged and indeterminate period. Additionally, the delay in the hearing that was not prejudicial to the mother is not grounds to reverse the lower...Read more
Filed on
Friday, May 4, 1990
SUMMARY: The statutory time limit to hold an adjudication hearing is directory, not mandatory. The mother’s failure to protect her child from abuse by the father by allowing her to live with him when she knew he was abusive was sufficient cause for termination of parental rights. C.P, DOB 9/22/83,...Read more

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