Caselaw Updates

bench hammer

Caselaw Updates

Filed on:
SUMMARY: An order suspending visits was not final and appealable because it was not a permanent termination of her visitation rights and the mother could regain those rights after a showing that visits were in the children’s best interests. The children, James, Xyanna and Dominick, were the subject...
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SUMMARY: Despite the fact that the mother testified she did everything that was asked of her, evidence of a pattern of refusing to accept responsibility and a failure to improve on shortcomings was sufficient to support a termination of parental rights. On April 3, 2009, the State filed a petition...
Filed on:
SUMMARY: Evidence that a mother continuously chose dangerous men over her own children and put her children in a position of harm was sufficient to support a termination of parental rights in a child sexual abuse case. A petition as to Nelliaha, DOB 9/2004, and Kamesha, DOB 7/2008, was filed on 7/23...
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SUMMARY: The court did not err in finding a youth not eligible for Special Immigrant Juvenile Status (SIJS) based on abandonment by “one or both parents” because reunification with his mother was feasible. Erick M. was committed to OJS (Office of Juvenile Services) in December 2010 due to two...
Filed on:
SUMMARY: Mother’s close bond and ability to relate well with her children was not sufficient to overcome substantial evidence supporting a termination of parental rights that the mother failed to put herself in a position where she could permanently take care of her children. On July 2, 2009, the...
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SUMMARY: The court did not abuse its discretion in denying the father appointment of a guardian ad litem. Termination was in the child’s best interest because the father failed to consistently attend visits, submit to UAs, attend therapy or take prescribed medications. A 3a petition was filed on...
Filed on:
SUMMARY: The guardian ad litem’s failure to object to the parents’ motion to transfer the case to tribal court, even though he had earlier objected to the tribe’s similar motion, precludes the guardian ad litem from appealing the court’s approval to transfer and that, nevertheless, the burden of...
Filed on:
SUMMARY: Termination of parental rights was proper where the father failed to engage in services to address his domestic violence history and serious alcohol abuse. A 3a petition as to James, DOB 12/05, was amended in December 2008 alleging the father, Donald, had a history of confrontation with the...
Filed on:
SUMMARY: Evidence of a father’s failure to show an interest in his child or to put himself in a position to properly care for his child supported termination of parental rights. In June 2012, the State filed an amended supplemental petition alleging Charles was the father to Alaina, DOB 10/18/2007...
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SUMMARY: The rights advisement to a parent only needs to be given prior to the adjudication or plea, but it is good practice to advise a parent at the earliest possible time. Continued custody was proper where the mother continued to have issues with mental health, housing, domestic violence and...
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SUMMARY: A judge’s prior minimal involvement as a deputy county attorney in the criminal case of an individual peripheral to the case, of which she had no recollection, was not sufficient to warrant recusal. “Out-of-home placement” under statutory grounds for termination of parental rights includes...
Filed on:
SUMMARY: Continued custody of an unattended child was not improper where the mother missed several meetings with the caseworker, causing a delay in collecting information. Six-year-old Imelda was removed on October 24, 2011, after she was left locked out of her home after returning from school and...
Filed on:
SUMMARY: The juvenile court’s adjudication of children was proper where there was evidence the of multiple domestic violence incidences when the kids were present. On April 8, 2011, the State filed a petition as to Kade, DOB 5/29/2011, Javen, DOB 1/16/2006, and Ryder, DOB 1/8/2009, alleging their...
Filed on:
SUMMARY: Termination of parental rights was proper where over four years the parents did not maintain consistency in any area of their lives, were not able to become adequate parents and consistently refused to cooperate with parties. Taylor S., DOB 5/04, and Maddison S., DOB 4/05, were removed from...
Filed on:
SUMMARY: Termination of parental rights was proper where the father, over 30 months of the children being in foster care, failed to make significant progress in maintaining income and housing, could not manage the children’s special needs, did not consistently attend therapy. Jeffrey S., DOB 1/06...