Caselaw Updates

Caselaw Updates

Filed on
Wednesday, April 2, 2014
SUMMARY: Termination of parental rights was in the children’s best interests where the children had been in foster care for over three years, there was evidence of inappropriate physical discipline, and the parents could not control all four children during visitation. The State filed a petition on...Read more
Filed on
Tuesday, April 1, 2014
SUMMARY: Requirement in a rehabilitation plan that the mother actively pursue a high school diploma or a GED diploma was not reasonably related to the conditions on which the adjudication had been obtained when the children were adjudicated because the mother left the children with an inappropriate...Read more
Filed on
Friday, March 21, 2014
SUMMARY: Termination of the mother’s parental rights was proper where she physically and verbally abused the children, had mental health issues that she didn’t adequately address, lied about taking medication and could not maintain a period of stability. However, termination of the father’s...Read more
Filed on
Friday, March 7, 2014
Summary: The Nebraska Supreme Court rejected minor child’s argument that the State failed to prove beyond a reasonable doubt that she was habitually truant from school under Neb. Rev. Stat. 43-247(3)(b), and the argument that the remedial measures schools are to take to address absenteeism as laid...Read more
Filed on
Tuesday, March 4, 2014
SUMMARY: Termination of the father’s parental rights was proper where he did not live with or support the child prior to removal, was incarcerated for two years, and had made many poor life decisions that placed him in a poor position to be able to parent. Hayden, DOB 1/08, was removed from his...Read more
Filed on
Friday, February 28, 2014
Summary: This case concerns the placement of a juvenile to the state’s youth rehabilitation and treatment center (YRTC) in Geneva on July 8, 2013. Prior to placement at the YRTC, the minor child was committed to the Office of Juvenile Services (OJS) for community-based services on March 12, 2013...Read more
Filed on
Friday, February 28, 2014
Summary: This case concerns the same issue presented in In re Interest of Marcella G.. The minor child, Quincy J., was committed to the Office of Juvenile Services (OJS) for community-based treatment prior to July 1, 2013. Nebraska Department of Health and Human Services (DHHS) filed a motion for a...Read more
Filed on
Wednesday, February 26, 2014
SUMMARY: Termination of a father’s parental rights was proper where the evidence taken together demonstrated that the father was not interested in reunifying with his children. The juvenile court did not rely solely on the father’s financial situation or cultural differences. On September 28, 2009...Read more
Filed on
Wednesday, February 26, 2014
SUMMARY: Evidence supported termination of a mother’s parental rights where there were concerns about the mother’s ability to remain sober and to parent her children safely, even though the mother made some progress on her goals. On September 24, 2009, Tracey was arrested for driving under the...Read more
Filed on
Tuesday, February 25, 2014
SUMMARY: Termination of a father’s parental rights was proper where there was evidence that the father had been offered numerous services but failed to take advantage of them and the father had numerous contacts with law enforcement officers and incarcerations. The State of Nebraska removed Alyssa...Read more
Filed on
Tuesday, February 18, 2014
SUMMARY: Termination of parental rights was proper where the mother completed only one of four substance abuse treatments and was arrested for meth possession soon after the successful discharge, failed to comply with drug testing throughout the case. Lisette, DOB 9/10, was removed from the home of...Read more
Filed on
Tuesday, February 18, 2014
SUMMARY: Termination of parental rights was proper where the mother failed to complete dual-diagnosis treatment, failed to comply with drug testing, did not take prescribed medication, could not manage the children together during visits and failed to consistently participate in NA. Nathaniel, DOB...Read more
Filed on
Friday, February 14, 2014
SUMMARY: Termination of a father’s parental rights was in the child’s best interest when the child had spent the majority of his life in foster care. In addition, the father made little effort to keep in contact with the child and was not in a position to take physical custody. On August 30, 2012,...Read more
Filed on
Wednesday, February 12, 2014
SUMMARY: Evidence supported the termination of a mother’s parental rights where the mother had a long history of drug addiction and failed to take advantage of offered services, despite the fact that the mother initially responded well to treatment. The State of Nebraska filed an amended petition...Read more
Filed on
Tuesday, January 28, 2014
SUMMARY: Termination of parental rights was proper where the parent failed to comply with services until immediately before trial, exhibited erratic behavior, and wouldn’t be in a position to parent for several years due to mental health issues. Tabitha, DOB 2/11, is the child of Sarah. DHHS has...Read more

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