Caselaw Updates
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SUMMARY: A guardian ad litem appointed in a criminal proceeding cannot file a petition to adjudicate the child in juvenile court. On January 30, 2003, the county court appointed a guardian ad litem for Valentin, who was charged with criminal impersonation. On February 20, the GAL filed a petition in...
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SUMMARY: A termination of parental rights was improper when the mother was deported from the country, was not represented at either the adjudication or termination hearings, the record was devoid of any facts to support the case plan, and the mother was not given any provisions or opportunity to...
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SUMMARY: Father’s judicial admissions through pleadings and affidavits to being natural father and juvenile court’s implicit adjudication of paternity are sufficient to preclude challenge to paternity. The child’s former guardian ad litem having joined the county attorney’s office does not...
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SUMMARY: To establish that reasonable efforts to reunify are not required, the State must provide clear and convincing evidence. The nature and severity of the abuse, the delay in seeking treatment and the ongoing denial by the parents in this case establish that reasonable efforts are not required...
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SUMMARY: A conviction of felony child abuse is not sufficient to show that reasonable efforts are not required pursuant to Neb. Rev. Stat. section 283.01(4)(b)(iv). Preponderance of the evidence must establish “felony assault.” The breaking of a baby’s leg is considered a “serious bodily injury.”...
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SUMMARY: During an appeal of termination of parental rights, the parents cannot collaterally attack the adjudication or case plans adopted pursuant to adjudication. The condition of the home, which was the basis for adjudication, was merely a manifestation of the parents’ inability to properly care...
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SUMMARY: State could properly file a subsequent motion to terminate a mother’s parental rights due to the mother’s mental illness or deficiency when a prior motion to terminate her parental rights based on repeated neglect was overturned on appeal. Termination was in the children’s best interests...
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SUMMARY: When there are allegations against a custodial parent, the burden is on the state to allege and prove that the children should not be placed with other natural parent after the first 48 hours of emergency detention pending adjudication. A petition filed July 23, 2001 alleged that William...
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SUMMARY: A separate hearing is not required when a parent challenges the provision of reasonable efforts under Neb. Rev. Stat. section 43-283.01. Although incarceration cannot alone be a basis for termination, the court may consider the facts that led to the incarceration and the parent’s inability...
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SUMMARY: The juvenile court had jurisdiction to terminate parental right even though the parent’s admissions to the allegations of the petitions should not have been accepted because of a defective rights advisement because this defect did not taint later proceedings. On June 8, 2000, Nathan called...
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SUMMARY: Evidence of severe injuries was sufficient to adjudicate the children when the parents could not offer an explanation as to the injuries but were the child’s primary caregivers. On November 24, 1999, the State filed petitions as to Sarah (DOB: 7/7/1998) and Jason (DOB: 7/29/1999) alleging...
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SUMMARY: The juvenile court did not abuse its discretion in denying parents’ motions to continue proceedings or to allow the mother to participate telephonically. Evidence was sufficient to support termination of parental rights where the mother refused and neglected to give necessary parental care...
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SUMMARY: Juvenile court gave collateral estoppel effect to the findings in siblings proceeding that parents had failed to provide proper parental care. Parents of Jaden H. had parental rights to two other children (Destiny and Suede) terminated under §43-247(3)(a) in a previous proceeding. The State...
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SUMMARY: When children are adjudicated and under the jurisdiction of a juvenile court, the parental preference doctrine is not controlling and the best interests of the children is the proper test. County court for Dodge County granted consent for Cole C. and Patricia C., the guardians of Eric O...
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SUMMARY: Change of placement was affirmed after all parties working with family agreed it was in child’s best interest to return to legal guardian after sexual contact by siblings. The state filed a petition in juvenile court that alleged Tanisha’s two older brothers had sexual contact with her...