Caselaw Updates

Caselaw Updates

Filed on
Tuesday, December 31, 2013
SUMMARY: Termination of parental rights was proper in an ICWA case where the children were out of home 39 months and had special needs that required a stable home, and the parents consistently failed to follow through on services despite being given much assistance. Shane, born in 2003, Lena, born...Read more
Filed on
Monday, December 30, 2013
SUMMARY: Immediate termination of parental rights to a child born after the involuntarily termination of prior children was proper where the mother continued to deny physical abuse by the father that led to the prior terminations and maintained a close relationship with him. Eli, DOB 8/12, was born...Read more
Filed on
Friday, December 27, 2013
SUMMARY: A juvenile court cannot allow an attorney to withdraw without a showing that the attorney made diligent efforts to notify the parent of his intent to withdraw. Due process was violated because the court excused the mother’s attorney from representing her at the TPR trial without notifying...Read more
Filed on
Friday, December 27, 2013
SUMMARY : Termination of a mother’s parental rights was proper when there was evidence that the mother had various services provided to her but never progressed in visitations, was not consistent in addressing mental health issues, and displayed abusive behavior to service providers. On August 20,...Read more
Filed on
Tuesday, December 17, 2013
SUMMARY: Adjudication was proper where the evidence established that the child’s stepparent pushed her, slapped her multiple times, called her stupid, threw her against a wall and pushed a heavy vase off a table toward her. Chelsea, age 16, got into a heated argument with her mother, Theresa, and...Read more
Filed on
Friday, December 13, 2013
SUMMARY: Excluding the party from the proceedings was proper where his notarized acknowledgement of paternity was rebutted by evidence and found to be fraudulent and there was no request to participate on other grounds. Kodi, DOB 8/12, was born to Shawntel. Shortly after birth, Shawntel and Michael...Read more
Filed on
Friday, December 13, 2013
SUMMARY: An order setting conditions for supervised visitation was not a final, appealable order because it would have only affected the proceedings for one month until the hearing on the TPR motion. Dennisca is the mother of six children who were removed from her care in March 2011 due to domestic...Read more
Filed on
Friday, December 6, 2013
SUMMARY: Changing the mother’s reunification plan from continuing high school when she was under 19 to actively pursuing a GED as a condition of reunification after she turned 19 was a material change and therefore appealable. Nyamal is the mother of Mya, age 4, and Sunday, age 2, and in July 2010...Read more
Filed on
Tuesday, December 3, 2013
SUMMARY: Since the rights advisement at adjudication didn’t include termination of parental rights as a possible consequence, 43-292(6) cannot be a ground for termination. The evidence didn’t support the remaining TPR ground because there was no showing how the father’s prior drug use made him...Read more
Filed on
Friday, November 22, 2013
SUMMARY: A Nebraska juvenile court does not have jurisdiction of a newborn child who was born in Nebraska but immediately went to live with relatives in Iowa prior to a petition being filed. Violet was born in Douglas County in November 2012 to Abigael, who tested positive for methamphetamine,...Read more
Filed on
Tuesday, November 19, 2013
SUMMARY: Termination of parental rights was proper where the father was incarcerated and would remain so for the length of the child’s minority. In November 2011, Aereelle was removed from the mother’s home. A supplemental petition was filed on October 9, 2012, as to her father, PaceLeon, that...Read more
Filed on
Friday, November 8, 2013
SUMMARY: Termination of the mother’s parental rights was proper when there was evidence that the mother continued to jeopardize her daughter’s safety and was unable to recognize the danger that the men in her life, including her daughter’s father, imposed on the daughter. The State of Nebraska...Read more
Filed on
Friday, November 8, 2013
SUMMARY: Denial of motion to transfer to tribal court was proper when the mother waited over a year to move to transfer and an 11-year-old child objected to the transfer. The State of Nebraska filed a petition on June 21, 2011 alleging Susan and John placed Susan’s four children, Justin (DOB 11/24/...Read more
Filed on
Tuesday, November 5, 2013
SUMMARY: Termination was proper where the mother failed to maintain her psychiatric care and medications, was unwilling to acknowledge her boyfriend’s culpability in her son’s injuries, and made insufficient progress in the five years she was involved with DHHS. The mother, Nichole, has been...Read more
Filed on
Tuesday, November 5, 2013
SUMMARY: Termination was proper where the mother failed to maintain her psychiatric care and medications, was unwilling to acknowledge her boyfriend’s culpability in her son’s injuries, and made insufficient progress in the five years she was involved with DHHS. The mother, Nichole, has been...Read more

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