Caselaw Updates

Caselaw Updates

Filed on
Monday, January 27, 2014
SUMMARY: The juvenile court did not err in adjudicating the child where there was evidence that the mother used inappropriate physical discipline; however, there was no evidence that the mother did not prevent her daughter from inappropriate sexual contact. The mother was provided due process...Read more
Filed on
Wednesday, January 22, 2014
SUMMARY: Termination of a father’s parental rights under the Nebraska Child Welfare Act was proper when active efforts had been undertaken, future efforts would be futile, and placement with the father would likely result in emotional and physical harm. In addition, the father was incarcerated,...Read more
Filed on
Tuesday, January 21, 2014
SUMMARY: Evidence stemming from a voluntary agreement between the parent and DHHS cannot be used against the parent in support of terminating parental rights. Kerri is the mother of Joseph, DOB 1/00, William, DOB 11/05, and Steven, DOB 12/06. Kerri was involved with DHHS and the juvenile court from...Read more
Filed on
Tuesday, January 21, 2014
SUMMARY: Termination of parental rights was proper where the mother lost custody of four prior children and did not correct the conditions that led to the earlier issues or utilize the services offered to her. Jewel, DOB 12/12, is the child of Ronnie Jo. Ronnie Jo lost custody of four other...Read more
Filed on
Friday, January 17, 2014
SUMMARY: Termination of parents’ parental rights was in the children’s best interests where the children had been in foster care for approximately 70% of their lives and the father was mostly absent and made no effort to participate in services. On February 11, 2011, the State of Nebraska filed a...Read more
Filed on
Tuesday, January 14, 2014
SUMMARY: Juvenile court properly issued letters of guardianship where it was clear from the context of the order and the proceedings that the court intended to establish a guardianship. In addition, the juvenile court does have authority to create a visitation plan for children in guardianship...Read more
Filed on
Tuesday, January 14, 2014
SUMMARY: Termination of a mother’s parental rights was supported by evidence that the mother was provided numerous services, but made limited progress in dealing with mental health issues and parenting skills. The State of Nebraska removed Elijah (DOB 6/2006), Airion (DOB 9/2007) and Aryiona (DOB...Read more
Filed on
Tuesday, January 14, 2014
SUMMARY: Juvenile court abused its discretion in denying a motion to transfer to tribal court in a termination of parental rights proceeding where the Nebraska Indian Child Welfare Act applied because the termination proceeding is separate from the foster care placement proceedings for the “late...Read more
Filed on
Tuesday, January 7, 2014
SUMMARY: Termination of parental rights was proper where the mother failed to comply with services and showed an unwillingness to engage. On October 31, 2011, the State filed a petition under N.R.S. 43-247(3)(a) as to Dakota, DOB 1/99, and Anthony, DOB 7/01, due to the mother’s use of controlled...Read more
Filed on
Tuesday, January 7, 2014
SUMMARY: Termination of parental rights was proper where the mother continued to have ongoing safety concerns for years while the children were in foster care even though she complied with case plan requirements. Lillian, DOB 3/06, and Gabrielle, DOB 2/10, were removed from the home of the mother,...Read more
Filed on
Tuesday, January 7, 2014
SUMMARY: Termination of the father’s parental rights was improper because the length of time in foster care cannot be the sole best interest factor when the parent is not unfit and the length of incarceration of the father was speculative even though it was the sole reason for the termination...Read more
Filed on
Tuesday, January 7, 2014
SUMMARY: Adjudication under 43-247(3)(a) was proper where the evidence established that there was a physical altercation between the parents in the presence of the older child which established a definite risk of future harm. Christian, DOB 5/11, and Brysen, DOB 2/13, are the children of Jesse and...Read more
Filed on
Monday, January 6, 2014
SUMMARY: Placement with the child’s father was not an abuse of discretion where the father had completed substance abuse treatment and was in an aftercare program, was sober for two months, and the father was doing what was necessary to allow for the child’s placement in the home. The State of...Read more
Filed on
Thursday, January 2, 2014
SUMMARY: Juvenile court properly ordered continued custody of the child with DHHS when the State provided sufficient evidence that the parents had repeatedly abused or neglected the child’s older siblings, putting the child at a risk of harm. While Crystal was pregnant with Aletha (DOB 6/2013),...Read more
Filed on
Tuesday, December 31, 2013
SUMMARY: Termination of parental rights was proper where the child had been in foster care for half of her life and did not want to live with the parent, and the parent and child did not have a strong bond or relationship. On August 23, 2011, Jaiden, DOB 8/03, was removed from the home of the...Read more

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