Caselaw Updates

Caselaw Updates

Filed on
Friday, May 27, 2005
SUMMARY: The Fourth Amendment exclusionary rule does not apply to evidence obtained without a warrant that is admitted in a child protection proceeding. On March 17, 2004, a neighbor reported finding Jasmine alone outside the trailer park where she lived. Jennifer, mother of Corey, Dylan, Jasmine...Read more
Filed on
Friday, April 8, 2005
SUMMARY: In adjudication proceedings joint representation does not deny due process and ineffective assistance of counsel is not an available claim if appointed pursuant to statute. Heather and two siblings were adjudicated to be within the meaning of §43-247(3)(a) after abuse allegations were...Read more
Filed on
Friday, January 28, 2005
SUMMARY: Because the testimony of the sole witness for the State was primarily based on hearsay and the testimony from the mother’s therapist that the mother was improving her parenting skills and that the child would be harmed by termination was not contradicted, the State did not prove that...Read more
Filed on
Tuesday, June 1, 2004
SUMMARY: Sufficient evidence supported finding the mother caused the death of her child’s sibling and terminating the mother’s parental rights, though there was never a criminal conviction. The State filed a petition on January 24, 2003 to adjudicate Anthony, and filed a motion on April 30, 2003...Read more
Filed on
Tuesday, February 10, 2004
SUMMARY: A guardian ad litem appointed in a criminal proceeding cannot file a petition to adjudicate the child in juvenile court. On January 30, 2003, the county court appointed a guardian ad litem for Valentin, who was charged with criminal impersonation. On February 20, the GAL filed a petition...Read more
Filed on
Friday, January 16, 2004
SUMMARY: A termination of parental rights was improper when the mother was deported from the country, was not represented at either the adjudication or termination hearings, the record was devoid of any facts to support the case plan, and the mother was not given any provisions or opportunity to...Read more
Filed on
Tuesday, October 21, 2003
SUMMARY: Father’s judicial admissions through pleadings and affidavits to being natural father and juvenile court’s implicit adjudication of paternity are sufficient to preclude challenge to paternity. The child’s former guardian ad litem having joined the county attorney’s office does not...Read more
Filed on
Friday, September 26, 2003
SUMMARY: To establish that reasonable efforts to reunify are not required, the State must provide clear and convincing evidence. The nature and severity of the abuse, the delay in seeking treatment and the ongoing denial by the parents in this case establish that reasonable efforts are not required...Read more
Filed on
Tuesday, July 15, 2003
SUMMARY: A conviction of felony child abuse is not sufficient to show that reasonable efforts are not required pursuant to Neb. Rev. Stat. section 283.01(4)(b)(iv). Preponderance of the evidence must establish “felony assault.” The breaking of a baby’s leg is considered a “serious bodily injury.”...Read more
Filed on
Friday, January 17, 2003
SUMMARY: During an appeal of termination of parental rights, the parents cannot collaterally attack the adjudication or case plans adopted pursuant to adjudication. The condition of the home, which was the basis for adjudication, was merely a manifestation of the parents’ inability to properly care...Read more
Filed on
Tuesday, July 30, 2002
SUMMARY: State could properly file a subsequent motion to terminate a mother’s parental rights due to the mother’s mental illness or deficiency when a prior motion to terminate her parental rights based on repeated neglect was overturned on appeal. Termination was in the children’s best interests...Read more
Filed on
Tuesday, February 19, 2002
SUMMARY: When there are allegations against a custodial parent, the burden is on the state to allege and prove that the children should not be placed with other natural parent after the first 48 hours of emergency detention pending adjudication. A petition filed July 23, 2001 alleged that William,...Read more
Filed on
Friday, January 25, 2002
SUMMARY: A separate hearing is not required when a parent challenges the provision of reasonable efforts under Neb. Rev. Stat. section 43-283.01. Although incarceration cannot alone be a basis for termination, the court may consider the facts that led to the incarceration and the parent’s inability...Read more
Filed on
Tuesday, October 2, 2001
SUMMARY: The juvenile court had jurisdiction to terminate parental right even though the parent’s admissions to the allegations of the petitions should not have been accepted because of a defective rights advisement because this defect did not taint later proceedings. On June 8, 2000, Nathan called...Read more
Filed on
Tuesday, May 15, 2001
SUMMARY: Evidence of severe injuries was sufficient to adjudicate the children when the parents could not offer an explanation as to the injuries but were the child’s primary caregivers. On November 24, 1999, the State filed petitions as to Sarah (DOB: 7/7/1998) and Jason (DOB: 7/29/1999) alleging...Read more

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