Caselaw Updates

Caselaw Updates

Filed on
Tuesday, March 24, 2009
SUMMARY: The child comes within the meaning of 43-247(3)(a) because he is at risk for harm due to the father’s failure to pay child support and lack of any evidence that he provided the child with proper parental care and support. Enrique, DOB 5/1/00, is the child of Tevon and Xiomara G. On or...Read more
Filed on
Tuesday, March 24, 2009
SUMMARY: The father’s testimony as to his paternity of the child was sufficient to establish paternity. Reasonable efforts were not required to be proven in the termination of parental rights as the bases for termination were 43-292(1) and (7). Laquisha, DOB 3/17/97, is the child of Timothy. On...Read more
Filed on
Tuesday, March 10, 2009
SUMMARY: In a case involving the Indian Child Welfare Act (ICWA), the State must amend its pleadings to reflect the standards required under ICWA regardless of whether the court nevertheless makes the required findings. A DHHS caseworker with 11 years of experience and history of working with...Read more
Filed on
Tuesday, February 24, 2009
SUMMARY: Although the juvenile court had the power to vacate its court order making findings required for Special Immigrant Juvenile Status (SIJS), its doing so was in error because there was sufficient evidence to make the required findings. Jose G. and Luis G. were brought from Guatemala to the...Read more
Filed on
Tuesday, February 24, 2009
SUMMARY: Although the mother’s non-compliance warranted her dismissal from the Family Drug Court program, it was error for the court not to grant the State’s oral motion for placement review based on allegations on renewal of drug use and risk to the children. The children, Sire E. (DOB 4/10/92),...Read more
Filed on
Tuesday, February 24, 2009
SUMMARY: Termination of the father’s parental rights was proper given the length of time in foster care and the absence of the father from the majority of the child’s life. The child, Andrea J. (DOB 8/13/95), was removed from the mother’s home in August 2003. Andre is the father of Andrea. She has...Read more
Filed on
Tuesday, February 24, 2009
SUMMARY: Termination was in the children’s best interests because the mother did not make significant progress toward rehabilitation and reunification and the children need safety and permanency that the mother cannot provide. The children, Jesse (DOB 9/23/96), Gabriel (DOB 9/29/98), Seth (DOB 3/29...Read more
Filed on
Tuesday, February 3, 2009
SUMMARY: Termination of parental rights was in the children’s best interests because the mother is incapable of providing a stable and permanent home now and in the near future. The children, Keijuan, DOB 4/24/98, and Keijon, DOB 10/30/00, were placed in the state’s custody on September 27, 2006,...Read more
Filed on
Friday, December 5, 2008
SUMMARY: The statutory requirement of newborn blood-testing does not violate the free exercise of religion provisions under the Nebraska Constitution; however, the juvenile court did not have jurisdiction because evidence of the lack of blood testing alone is not sufficient to find the child within...Read more
Filed on
Tuesday, November 25, 2008
SUMMARY: The motions to transfer to tribal court were properly denied for good cause because the child were not Indian Children under ICWA at the time of the hearing and because the tribal social service agencies did not have appropriate and necessary services available for the children if transfer...Read more
Filed on
Tuesday, November 4, 2008
SUMMARY: Termination of the father’s parental rights was proper when, after receiving adequate services for two years, the father still did not have the necessary skills, and lacked the intellectual capacity, to parent the child. Elvis, DOB 5/3/06, is the child of Terry and Angela. After birth,...Read more
Filed on
Tuesday, October 28, 2008
SUMMARY: Once a parent’s rights are terminated, the grandparent no longer has a legal interest in the court proceedings. The children, Crystal, Joshua and Jacob, were adjudicated under 43-247(3)(a) in June 2003. On August 18, 2005, the maternal grandmother, Carol, intervened in the proceedings. On...Read more
Filed on
Tuesday, October 28, 2008
SUMMARY: Evidence showing that the father spanked or hit his child on the buttocks, thighs and legs to the extent that deep redness was visible two days after the incident and that the father has been warned by DHHS repeatedly for inappropriate discipline was sufficient for adjudication under 43-...Read more
Filed on
Tuesday, October 14, 2008
SUMMARY: The statutory ground for termination where the child must be out of the home 15 of the most recent 22 months requires “clear and convincing evidence of circumstances as compelling and pertinent to a child’s best interests as to those enumerated in the other subsections”, given that this...Read more
Filed on
Tuesday, September 23, 2008
SUMMARY: The filing of an original petition in juvenile confers jurisdiction on the juvenile court; therefore, any jurisdictional defect in transferring the case from the district court is moot. Termination of the father’s parental rights was in the child’s best interest because the child’s special...Read more

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