SUMMARY: Because the father did not show how he was prejudiced by judicial notice of evidence in the earlier adjudication hearing, there was no finding that the court erred. A district court order denying an ex parte protection order was properly excluded because it only included the judge’s...

SUMMARY: Adjudication of the child removed at birth was proper because the mother failed to address issues of domestic violence by her partner against her and therefore placed the child at risk for harm. Bianca, DOB 2/03, and Eternity, DOB 12/04, were removed from the parental home of Antonio and...

SUMMARY: Where the mother continued to have contact with the father who had committed acts of extreme domestic violence against her in the past and failed to comply with the case plan, termination of parental rights was proper. Bianca, DOB 2/03, and Eternity, DOB 12/04, were removed from the...

SUMMARY: Serious emotional or physical damage under ICWA was likely to result if the child was returned home given the degree of domestic violence committed by the father against the mother and failure to address the issues. Termination of the parental rights of both parents was proper based on the...

SUMMARY: The proper burden of proof for the adjudication of an Indian child is by a preponderance of the evidence, not clear and convincing. Emma, DOB approx. 1994, was placed in foster care on May 20, 2009, based on her allegations of physical abuse by her father, Geneo. On May 15, 2009, Emma...

SUMMARY: A 60-day delay between the ex parte order and protective custody hearing was not unreasonable due to the unusual circumstances of the case where DHHS did not obtain physical custody of the child until 1 ½ months after the ex parte order was issued. Because the child lived at least 6 months...

SUMMARY: Termination of parental rights was proper under Neb. Rev. Stat. 43-292(6) because the mother had been offered services including individual therapy, parenting time and case management but failed to correct the conditions to allow reunification. Americal, DOB 4/23/07, was removed from the...

SUMMARY: Evidence proving mere possession of crack cocaine by the father without any showing that it affected the child does not establish a definite risk of future harm, and adjudication of the child on this basis was therefore improper. Carrdale II, DOB 10/08, was removed from the home in May 2009...

SUMMARY: Evidence of the father’s unstable and inappropriate living conditions for housing his toddler child and his inability to be alert and attentive due to his mental health conditions and prescription medications were sufficient for the child to be adjudicated. Dylan, DOB 5/07, is the subject...

SUMMARY: It was improper for the juvenile court to deny DHHS’ recommendation for placement and instead place the child with a family friend primarily because the child’s older half-brother already lived in the DHHS-recommended placement. Ipolita, born in late 2007, was removed from the mother...

SUMMARY: Given the father’s positive actions in turning his life around since he learned that the child had been removed from the mother, it was not error for the court to deny the petition to terminate his parental rights. Rayna, DOB 8/06, was removed from the mother on August 11, 2008, and placed...

SUMMARY: There was not a violation of the father’s due process rights in the termination of his parental rights as, although he could not attend a portion of the trial due to incarceration, he was offered counsel and the opportunity to submit evidence and cross-examine witnesses. Bianca, DOB 2/03...

SUMMARY: A denial of child in-chambers testimony is not a final, appealable order. Desiree and Briana were removed from the home of the adoptive parents on June 25, 2009 on allegations of sexual abuse by the father and failure to protect by the mother. Prior to the adjudication hearing, the guardian...

SUMMARY: Given the father’s positive actions in turning his life around since he learned that the child had been removed from the mother, it was not error for the court to deny the petition to terminate his parental rights. Rayna, DOB 8/06, was removed from the mother on August 11, 2008, and placed...

SUMMARY: The Nebraska Supreme Court affirms the decision of the Nebraska Court of Appeals dismissing the appeal on the basis that a denial to allow in-chambers testimony from the child is not a final, appealable order.