Caselaw Updates

Caselaw Updates

Filed on
Tuesday, April 28, 2015
Summary: The Court of Appeals affirmed the Otoe County order terminating the parental rights of Brett H. over his four children. The father argued that the court erred in terminating his rights because the evidence was insufficient, there was a due process violation and the judge erred in denying...Read more
Filed on
Tuesday, April 28, 2015
Summary: The father, Michael G., appealed the termination of his parental rights under 43-292(2) & (7), arguing that there was insufficient evidence and that the court erred in finding that the formal rules of evidence did not apply. The Court of Appeals found that case law is clear that formal...Read more
Filed on
Tuesday, April 28, 2015
Summary: In this case the children were adjudicated under 43-247(3)(a) based upon the faults and habits of the father surrounding a domestic violence incident between the mother and the father. The factual basis for the adjudication included evidence that the father had been drinking prior to the...Read more
Filed on
Friday, April 3, 2015
Summary: The Nebraska Supreme Court affirmed the decision of the Separate Douglas County Juvenile Court that Miah’s statements to the police on November 19, 2013 were freely, knowingly and voluntarily given. Miah was originally advised of his Miranda rights on November 18, 2013, and the validity of...Read more
Filed on
Friday, April 3, 2015
Summary: Adopting a new permanency plan of adoption or guardianship was appropriate when Melissa R. failed to comply with the reunification plan and an expert testified that she needed a long period of stability before she could parent. The adoption of a new permanency plan for adoption and...Read more
Filed on
Tuesday, February 24, 2015
Summary: Placing the child in the custody of DHHS and for placement excluding the mother and father’s home was appropriate where the mother’s parental rights in three other children had previously been involuntarily, the father did not plan to separate from the mother and suffered from cognitive...Read more
Filed on
Tuesday, February 17, 2015
Summary: Care and custody with DHHS is appropriate for the children during the pre-adjudicative phase where the custodial parent is alleged to be unfit and there is no evidence the non-custodial parent is unfit, even when the children are placed with the non-custodial parent. On February 13, 2014,...Read more
Filed on
Friday, November 14, 2014
SUMMARY: The active efforts standard in ICWA and NICWA applies at any point in an involuntary juvenile proceeding involving an Indian child at which a party is required to demonstrate its efforts to reunify or prevent the breakup of the family. In May 2013, David H.’s three minor children were...Read more
Filed on
Monday, November 10, 2014
SUMMARY: Evidence that a father had not seen his daughter in over a year before the daughter’s removal from her home and concerns about the father’s fitness as a parent was sufficient to overcome the parental preference doctrine. The evidence also established that reasonable efforts, including...Read more
Filed on
Friday, November 7, 2014
Summary: The Nebraska Supreme Court ruled that the Nebraska Department of Health and Human Services’ (NDHHS) appeal of the Madison County order committing a 13-year old male to the Youth Rehabilitation and Treatment Center (YRTC) was moot since the youth was discharged from the YRTC during the...Read more
Filed on
Tuesday, October 28, 2014
SUMMARY: Exhibited was not improperly excluded from evidence when the information contained in the exhibited was included in its entirety in another offered and received exhibit. In addition, evidence that the father had control over the child during the period when the child fractured his ribs...Read more
Filed on
Friday, October 24, 2014
Summary: The Nebraska Supreme Court reversed 22 Neb. App. 70 and upheld Colfax County Court’s original decision terminating the father’s rights based on abandonment. The Court of Appeals had reversed the original decision regarding abandonment citing uncertainty regarding paternity and also a lack...Read more
Filed on
Tuesday, October 21, 2014
Summary: In an opinion written by Judge Irwin, the Court of Appeals affirmed the Scottsbluff County Juvenile Court decision, which terminated the parental rights of Nathaniel V. over his son Eyllan J. The Nebraska Indian Child Welfare Act (NICWA) applied to the case and at issue was whether: the...Read more
Filed on
Tuesday, October 21, 2014
Summary: In an opinion written by Judge Irwin, the Court of Appeals affirmed the Scottsbluff County Juvenile Court decision, which terminated the parental rights of Nathaniel V. over his son Eyllan J. The Nebraska Indian Child Welfare Act (NICWA) applied to the case and at issue was whether: the...Read more

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