In re Interest of Elijah P. ***

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In re Interest of Elijah P. ***

Case Number
A-15-0946
Call Date
December 13, 2016
Case Time
1:00 PM
Case Summary

A-15-0946, In re Interest of Elijah P., State of Nebraska v. Erika D. (Appellant) and Joshua P. (Cross-Appellant)

Separate Juvenile Court for Douglas County, Judge Christopher E. Kelly

Attorney for Appellant: Zoe R. Wade (Douglas County Public Defender's Office)

Attorney for Cross-Appellant: Matthew R. Kahler (Finley & Kahler Law Firm, PC, LLO)

Attorney for Appellee: Amy Schuchman (Douglas County Attorney's Office)

Juvenile Action: Termination of Parental Rights

Action Taken by Trial Court: The juvenile court terminated the parental rights of the appellant and cross-appellant to their minor children.

Assignments of Error on Appeal: On appeal, Erika assigns that the juvenile court erred in: (1) abdicating its gatekeeping function under Daubert by failing to set forth its reasoning for concluding Dr. Haney's testimony was reliable, (2) implicitly finding the scientific basis for Dr. Haney's opinion was scientifically reliable under Daubert, (3) implicitly finding Dr. Haney conducted a reliable differential diagnosis, () finding that she subjected Elijah to aggravated circumstances, (5) excusing reasonable efforts under Neb. Rev. stat. ' 43-283.01, (6) finding that she failed to meet her children's medical, therapeutic, and dental needs, such that the minor children come within Neb. Rev. Stat. ' 43-247(3)(a), and (8) finding that termination of her parental rights is in the children's best interests.

On cross-appeal, Joshua assigns that the juvenile court erred in: (1) finding that the minor children come within the meaning of Neb. Rev. Stat. ' 43-292(2) and (9), and (2) finding that terminating his parental rights is in the children's best interests.

Case Location
Lincoln
Panel Text
Moore, Chief Judge, Riedmann and Bishop, Judges