Caselaw Updates

Caselaw Updates

Filed on
Monday, October 13, 2014
SUMMARY: Termination of a mother’s parental rights was proper where the mother only had two visits with her children over the course of a five year case and never improved her parenting skills despite involvement in numerous services. The State of Nebraska removed LaCory (DOB 8/10/1999), Lela (DOB...Read more
Filed on
Friday, October 10, 2014
SUMMARY: Evidence that the mother had six children previously removed from her care and had not addressed the issue that put her children at risk was sufficient to support terminating her parental rights to her seventh child. After Nemiah (DOB 12/2013) tested positive for methamphetamines and...Read more
Filed on
Wednesday, October 8, 2014
SUMMARY: Termination of parental rights was in the child’s best interests where the parents had failed to maintain a relationship with the child or ever inquire into the child’s well-being. Tristan (DOB 6/21/2012) tested positive for Methadone and exhibited withdrawal symptoms shortly following his...Read more
Filed on
Friday, October 3, 2014
SUMMARY : A father was not denied due process when the judge denied father’s motion to transport from prison to the termination hearing, but did allow counsel to be present and the father to participate via video conferencing. In addition, termination of parental rights was in the child’s best...Read more
Filed on
Monday, September 29, 2014
SUMMARY: Termination of a mother’s parental rights was proper where the mother only had two visits with her children over the course of a five year case and never improved her parenting skills despite involvement in numerous services. The State of Nebraska removed LaCory (DOB 8/10/1999), Lela (DOB...Read more
Filed on
Wednesday, September 24, 2014
SUMMARY: Termination of parental rights was supported by evidence that the six children had been in an out-of-home placement for over three years and the parents showed no permanent improvement in their parenting skills despite being offered numerous services. In February 2010, Natasha (DOB 5/2000...Read more
Filed on
Monday, September 22, 2014
SUMMARY: Dismissal of a petition was proper where the State failed to introduce evidence that the children witnessed or were aware of the domestic violence between the parents or evidence of a significant history of domestic violence between the parents. In addition, an incarceration of 104 days,...Read more
Filed on
Tuesday, August 26, 2014
SUMMARY: Termination of a father’s parental rights was in the children’s best interests where the father did not successfully address his substance abuse and made no progress toward reunification. On October 27, 2010, The State filed a petition as to Angel (DOB 1/2003) following reports of domestic...Read more
Filed on
Tuesday, August 19, 2014
SUMMARY: Termination of a father’s parental rights was proper where there was evidence that the father had little contact with his son and did not participate in services. In addition, the termination of a mother’s parental rights was supported by evidence that the mother failed to put herself in a...Read more
Filed on
Friday, July 18, 2014
SUMMARY: There was no plain error in the juvenile court finding there was not clear and convincing evidence to terminate the mother’s parental rights because there was insufficient evidence of best interests especially given that one child is living with her father and another is in a relative...Read more
Filed on
Tuesday, July 15, 2014
SUMMARY: Termination of the father’s parental rights was improper because while he violated his parole and was returned to prison, the violation was only due to failing to visit his parole officer, and he had regular visits with the children prior to re-incarceration and had supported the children...Read more
Filed on
Wednesday, July 9, 2014
SUMMARY: The State proved by preponderance of the evidence that HHS custody was necessary for the child’s welfare where the mother had failed to rehabilitate herself in the two years of offered services following the removal of her three older children. The State removed Baby Boy R. (DOB: October...Read more
Filed on
Thursday, July 3, 2014
SUMMARY: Because there was no evidence of coercion during the mother’s voluntary case with DHHS, due process requirements were not triggered prior to the filing of a petition. Due process protections after the filing of the petition were sufficient, and there was a prima facie case for N.R.S. 43-...Read more
Filed on
Tuesday, June 24, 2014
SUMMARY: In adjudication cases, the proof required for active efforts under ICWA is by a preponderance of the evidence. Active efforts were provided in this case; however, removal of the children was improper because there was not evidence of serious emotional damage as required under ICWA. A court...Read more
Filed on
Thursday, June 19, 2014
SUMMARY: Termination of parental rights was supported by evidence that the mother had had her parental rights terminated as to three other children and the mother failed to take responsibility for her action. In addition, the issue of the constitutionality of a court order relieving DHHS of its...Read more

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