Caselaw Updates

Caselaw Updates

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: 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
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
Tuesday, September 10, 2013
SUMMARY: Termination of parental rights was proper where the father was repeatedly incarcerated on drug-related convictions, could not maintain abstinence from drugs and did not develop a consistent, strong relationship with the child. Emilee, DOB 3/07, is the child of Josey and Michael. Emilee...Read more
Filed on
Monday, September 9, 2013
SUMMARY: The juvenile court’s denial of a motion for therapeutic visitation was warranted when the evidence showed that the mother had disappeared for two years and had not corrected her substance abuse. In addition, termination of the mother’s parental rights was proper, despite evidence that the...Read more
Filed on
Friday, September 6, 2013
SUMMARY: A known adjudicated or biological father who has provided regular and substantial financial support to his child must be notified of abuse/neglect proceedings prior to the dispositional phase pursuant to N.R.S. 43-263 and 43-265. DHHS and its employees are protected by sovereign and...Read more
Filed on
Tuesday, September 3, 2013
SUMMARY: Termination of parental rights was proper where the mother failed to comply with UAs, did not attend chemical dependency treatment and continued a relationship with a man who was a barrier to reunification. Gary L. and Leanna L. were removed from the mother, Teresa L., on July 23, 2010,...Read more
Filed on
Friday, August 23, 2013
SUMMARY: Evidence supported adjudicating the child when the child tested positive for Methadone, a controlled substance, shortly after birth, and there was evidence the mother was taking Methadone without a current prescription. The State of Nebraska filed a petition on June 27, 2012, alleging that...Read more
Filed on
Tuesday, August 20, 2013
SUMMARY: Termination of parental rights in an ICWA case was proper where the mother refused mostly all services, some of which were culturally targeted. Melaya, born in 2006, and Melysse, born in 2010, were removed from the home of the mother, Mindy, on December 12, 2010 after the mother was found...Read more
Filed on
Monday, August 19, 2013
SUMMARY: Evidence supported the mother’s termination of parental rights when there was testimony that the mother was given sufficient time to place herself in a position to parent and was either unable or unwilling to do so, even though there was some evidence that showed the mother had made...Read more
Filed on
Tuesday, August 6, 2013
SUMMARY: An order that merely extends the time a previous placement order is applicable, denies a motion for visitation and does not change the essential parts of the permanency plan regarding family preservation or prevent the father from working on the rehabilitation plan is not a final and...Read more
Filed on
Tuesday, July 30, 2013
SUMMARY: An order from the court removing reunification as a concurrent goal with adoption but otherwise not changing the terms of the previously adopted case plan is not a final order that can be appealed. Serenity G., DOB 6/06, Christopher G., Jr., DOB 4/07, and Averie G., DOB 2/09, are the...Read more
Filed on
Tuesday, July 23, 2013
SUMMARY: The rights advisory pursuant to N.R.S. 43-279.01 need only be given at the adjudication stage or termination of parental stage in a TPR case, not both stages. An initial appearance hearing on a 3a petition was held on October 1, 2009. The father, Ronald, was present, and the court advised...Read more

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