Caselaw Updates

Caselaw Updates

Filed on
Tuesday, July 15, 2014
SUMMARY: Termination of the father’s parental rights was improper because while he violated his parole and was returned to prison, the violation was only due to failing to visit his parole officer, and he had regular visits with the children prior to re-incarceration and had supported the children...Read more
Filed on
Wednesday, July 9, 2014
SUMMARY: The State proved by preponderance of the evidence that HHS custody was necessary for the child’s welfare where the mother had failed to rehabilitate herself in the two years of offered services following the removal of her three older children. The State removed Baby Boy R. (DOB: October...Read more
Filed on
Thursday, July 3, 2014
SUMMARY: Because there was no evidence of coercion during the mother’s voluntary case with DHHS, due process requirements were not triggered prior to the filing of a petition. Due process protections after the filing of the petition were sufficient, and there was a prima facie case for N.R.S. 43-...Read more
Filed on
Tuesday, June 24, 2014
SUMMARY: In adjudication cases, the proof required for active efforts under ICWA is by a preponderance of the evidence. Active efforts were provided in this case; however, removal of the children was improper because there was not evidence of serious emotional damage as required under ICWA. A court...Read more
Filed on
Thursday, June 19, 2014
SUMMARY: Termination of parental rights was supported by evidence that the mother had had her parental rights terminated as to three other children and the mother failed to take responsibility for her action. In addition, the issue of the constitutionality of a court order relieving DHHS of its...Read more
Filed on
Thursday, June 19, 2014
SUMMARY: Evidence that a mother failed to address her illegal drug use and that the child tested positive for PCP was sufficient to terminate a mother’s parental rights. In January 2013, the State of Nebraska filed a supplemental petition after Na’Rodshae (DOB: January, 2013) tested positive for...Read more
Filed on
Friday, June 13, 2014
SUMMARY: Termination of parental rights was proper where the mother did not make notable progress in her case plan and continued to use methamphetamine daily. It was not a conflict of interest for the relative adoptive parent to work in the child support section of the county attorney office...Read more
Filed on
Tuesday, June 10, 2014
SUMMARY: Continued protective custody of the children was appropriate where the mother failed to follow a safety plan of appropriately monitoring the children in a case with sexual abuse history. An 8-month time lapse between removal and completion of the Protective Custody Hearing did not violate...Read more
Filed on
Tuesday, June 3, 2014
SUMMARY: There was not clear and convincing evidence that the father knew or believed he was the child’s father so there was insufficient evidence to prove abandonment and, in any event, his incarceration was a circumstance beyond his control that would also preclude a finding of abandonment...Read more
Filed on
Tuesday, May 27, 2014
SUMMARY: Termination of parental rights was proper where the child had multiple injuries over several years, where he was diagnosed with psycho-social dwarfism, where he was severely delayed in multiple areas but made quick improvements after being placed in foster care and where the parents failed...Read more
Filed on
Tuesday, May 27, 2014
SUMMARY: An order temporarily suspending the educational rights of the parent is not final and appealable. Nathaniel, born in 2006, was removed from the home of the mother, Ashley, in November 2012 due to abuse and neglect. Nathaniel was adjudicated under 3a in February 2013 and a dispositional...Read more
Filed on
Tuesday, May 20, 2014
SUMMARY: The active efforts requirement of ICWA applies even after the children are returned home to the parent.Rehabilitation plan requirements on medical care were not relevant to the adjudication of inappropriate discipline. Shayla H., DOB 8/01, Shania H., DOB 8/03, and Tanya H., DOB 9/04, were...Read more
Filed on
Friday, May 16, 2014
SUMMARY: Termination of parental rights was supported by evidence that the parents’ personal deficiencies, including alcohol dependency and domestic violence, prevented them from performing reasonable parental obligations, even though there was evidence that the parents had made some progress. The...Read more
Filed on
Friday, May 16, 2014
SUMMARY: Termination of parental rights was supported by evidence that the parents’ personal deficiencies, including alcohol dependency and domestic violence, prevented them from performing reasonable parental obligations, even though there was evidence that the parents had made some progress. The...Read more
Filed on
Monday, April 28, 2014
SUMMARY: Adjudication and termination of the father’s parental rights was proper where the child was in out-of-home care for more than two years prior to the motion to terminate parental rights and the father was aware that the child was removed from the home but had only sporadic contact with the...Read more

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