Caselaw Updates

Caselaw Updates

Filed on
Tuesday, April 2, 2013
SUMMARY: The children’s repeated exposure by the parents to domestic violence is chronic abuse under the aggravated circumstances termination of parental rights ground of 43-292. Julian and Peggy, the parents of Phillip, born in 1996, Angelina, born in 2000, Adriana, born in 2003, and Marciano,...Read more
Filed on
Tuesday, March 12, 2013
SUMMARY: Termination of parental rights was proper where the mother did not show continued improvement over the two years the children were in foster care, the children thrived when they did not have contact with the mother, and the mother failed to take responsibility and instead blamed the...Read more
Filed on
Tuesday, March 5, 2013
SUMMARY: Removal of the children from the non-custodial parent in an ICWA case was improper because no qualified expert witness established that continued custody would cause serious emotional or physical damage to the children and there was no determination that active efforts had been made as to...Read more
Filed on
Tuesday, February 5, 2013
SUMMARY: Despite evidence that the father participated in some court-ordered services and cared for his son, the fact that the father was not in a position to parent a child with special needs supported termination of the father’s parental rights. In October of 2009, Jayden (DOB 9/10/09) was...Read more
Filed on
Tuesday, January 15, 2013
SUMMARY: Changing the permanency goal from reunification to guardianship/adoption was proper where the children languished for two years while the mother denied her daughter’s sexual abuse and maintained a relationship with the offender. The order changing the permanency goal was a final,...Read more
Filed on
Wednesday, January 2, 2013
SUMMARY: Removal and placing custody with the Department of Health and Human Services was proper when there was evidence of alcohol use and a pattern of leaving the children unsupervised. A petition was filed March 12, 2012 alleging Takeyla, the mother, and Terrence, the father, did not provide...Read more
Filed on
Tuesday, December 18, 2012
SUMMARY: Where proper rights advisements are not made at adjudication, the termination petition is treated as those filed under N.R.S. 43-292(2) without prior juvenile court involvement, requiring rights advisements at the termination stage. In this case, termination was improper because no rights...Read more
Filed on
Friday, December 14, 2012
SUMMARY: The court’s order for DHHS to pay opposing counsel’s attorneys fees was improper because failure to send reports prior to the hearing is not direct contempt and thus requires reasonable notice and opportunity to be heard. A petition was filed as to the children on October 22, 2010, and a...Read more
Filed on
Friday, December 14, 2012
SUMMARY: In a motion to transfer to tribal court, the court must consider whether the “advanced stage” of the proceedings is good cause not to transfer based on the date of filing the TPR petition, not from the beginning of the abuse/neglect proceedings. Best interests cannot be a consideration in...Read more
Filed on
Friday, December 14, 2012
SUMMARY: Fact that biological father moved out of state, leaving his child with a mother who the father knew was violent and had mental health problems, was sufficient to support a termination of the father’s parental rights. Aiden was removed from the home on March 2, 2010 and a petition was filed...Read more
Filed on
Tuesday, December 11, 2012
SUMMARY: Termination of the father’s parental rights was proper where the child had been in foster care 19 months and the father had done little to comply with the case plan, including working on domestic violence issues. Mario Jr., DOB 2/10, was removed from the mother at birth and an amended...Read more
Filed on
Tuesday, November 27, 2012
SUMMARY: Termination of parental rights was proper where the parent did not rehabilitate herself in the two years the children were in foster care and could not provide permanency and stability. After termination, the children’s best interests would not be served by ongoing contact with the...Read more
Filed on
Tuesday, November 20, 2012
SUMMARY: Without an affirmative showing that the father was unfit, the court should have followed the parental preference doctrine and placed the child with him. Corbin, DOB 8/05, was removed from the mother, Ivy, after she allegedly assisted in burglarizing houses in Corbin’s presence. The court...Read more
Filed on
Tuesday, November 20, 2012
SUMMARY: Drug possession, delivery and use near the presence of the children, possession of explosive materials and a dirty house are sufficient to establish a definite risk of harm for adjudication. A petition pursuant to Neb. Rev. Stat. 43-247(3)(a) was filed in January 24, 2012, after a search...Read more
Filed on
Tuesday, October 30, 2012
SUMMARY: Awarding guardianship of a child was improper because there was no showing of unfitness under the parental preference doctrine. Tyler, DOB 2001, is the child of Heather. Heather and Shane have a child born in April 2007 and Shane has been the only father figure Tyler has had. Heather moved...Read more

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