Caselaw Updates

Caselaw Updates

Filed on
Tuesday, November 5, 2013
SUMMARY: The parents’ behaviors, which included failure to take feeding instructions seriously, to have adequate formula and to comply with the feeding schedule, created a definite risk of harm that the baby would not be properly fed as medically required, warranting adjudication. It is not...Read more
Filed on
Tuesday, November 5, 2013
Summary: In determining a dispositional order it constitutes plain error for the court to consider juvenile court proceedings from another county over which is has no jurisdiction. Further, Neb. Ct. R. App. P. § 2-109(D)(1) requires that the appellant include a separate section for assignments of...Read more
Filed on
Friday, November 1, 2013
SUMMARY: It was not plain error for the court to change the permanency goals from reunification and in finding that reasonable efforts were no longer required because the parents showed continued disregard in complying with the case plans and the children had been out of home 28 months. Jasmine L...Read more
Filed on
Tuesday, October 29, 2013
SUMMARY: Because the petition only alleged behavior by the mother’s boyfriend while the children were in his care, proper notice was not given to the mother that her behavior would be at issue in the case. Kathryn is the mother of Angel, DOB 1/08, Tyerca, DOB 11/08 and Zekyel, DOB 10/11, who were...Read more
Filed on
Tuesday, October 22, 2013
SUMMARY: Termination of the father’s parental rights was improper where although the father had his rights to two older sibling involuntarily terminated, he had taken every step he could since the youngest child’s birth to establish a parental relationship. Damien S. was born in May 2011 to Jessica...Read more
Filed on
Tuesday, October 22, 2013
SUMMARY: A person who held out to be the child’s biological father for 15 years and had the child placed with him as a potential long-term placement has a sufficient interest for intervention. Filing the petition to intervene after the adjudication hearing began was not untimely. Placement of the...Read more
Filed on
Tuesday, October 15, 2013
SUMMARY: Termination of the father’s parental rights was proper where he was incarcerated for much of the child’s life, failed to visit or have contact with the child and failed to intervene in the case. Dayton, DOB 6/07, went under the legal guardianship of his maternal grandmother, Ivy, when he...Read more
Filed on
Tuesday, October 8, 2013
SUMMARY: Termination of the mother’s parental rights was proper where she has had three prior involuntary terminations and has made no efforts in the short time of the current case to avail herself of services. Emily, DOB 4/11, is the fourth child of Amanda V. Amanda V. had her rights involuntarily...Read more
Filed on
Friday, October 4, 2013
SUMMARY: A state ward minor was not sufficiently mature to have an abortion because she showed neither that she understand the consequences of having an abortion nor that she had sufficient experience and judgment. The statutory language under N.R.S. 71-6903 permitting a court to allow an abortion...Read more
Filed on
Wednesday, October 2, 2013
SUMMARY: Juvenile court erred in dismissing with prejudice the State’s petition when the dismissal was based on the State’s failure to appear at the scheduled hearing. The State of Nebraska filed three petitions to adjudicate Braxton D. as a juvenile under Neb. Rev. Stat. §43-247 alleging Braxton...Read more
Filed on
Wednesday, September 25, 2013
SUMMARY: Evidence supported terminating the mother’s parental rights when the mother was incarcerated and the children had all spent significant portions of their lives in foster care, even though there was evidence that the mother attempted to maintain contact with the children. On September 18,...Read more
Filed on
Tuesday, September 24, 2013
SUMMARY: A foster parent has standing to appeal a court order approving a case plan that changes placement, and such an order is final and appealable. However, the record supports the juvenile court’s order changing placement from the grandparent’s home due to her violation of court orders. Montana...Read more
Filed on
Tuesday, September 17, 2013
SUMMARY: Termination of the mother’s parental rights was proper because she failed to partake in services and therefore reasonable efforts did not resolve the issues causing removal. Hayden S., Krystopher S., Krysteena S., Mariannah S., and Fabienne S. were removed from the home of the mother,...Read more
Filed on
Friday, September 13, 2013
SUMMARY: Termination of the mother’s parental rights was proper when there was sufficient evidence that the mother failed to address her mental health and substance abuse issues that put the child at risk of harm, even though the mother did achieve her family planning goals of obtaining a legal...Read more
Filed on
Friday, September 13, 2013
SUMMARY: Evidence was sufficient to establish beyond a reasonable doubt that the juvenile committed the offense of first degree sexual assault when the victim and other witnesses testified against the juvenile, even though no physical evidence was presented. On September 6, 2012, the State filed a...Read more

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