Caselaw Updates

Caselaw Updates

Filed on
Tuesday, April 22, 2014
SUMMARY: The State’s 3a petition and motion for temporary custody should have been dismissed for failure to set forth allegations under ICWA because the State knew or should have known that ICWA applied. Avery, age 13, and Izabel, age 10, are the children of Katherine. On August 14, 2013, the State...Read more
Filed on
Tuesday, April 22, 2014
SUMMARY: A court’s denial to reinstate visitation when the TPR was set for four months later is temporary and not final and appealable. In November 2010, Nery was removed from the family home pursuant to N.R.S. 43-247(3)(a). On December 8, 2010, a motion to terminate parental rights was filed as to...Read more
Filed on
Thursday, April 17, 2014
SUMMARY: Termination of a father’s parental rights was supported by evidence that the father had not had any physical contact with the child for several years, had never financially supported the child, and was not in a situation to parent due to his incarceration. On November 9, 2010, the State...Read more
Filed on
Tuesday, April 8, 2014
SUMMARY: Evidence was sufficient to establish educational neglect under the juvenile code. A school has no duty to provide reasonable efforts to ensure child attendance when the filing is done as educational neglect under N.R.S. 43-247(3)(a). Laticia was 6 years old during the 2011-12 school year...Read more
Filed on
Friday, April 4, 2014
SUMMARY: Juvenile court did not abuse its discretion in qualifying the DHHS assessment worker as an expert where the worker had 4 ½ years of experience working with families. In addition, adjudication was proper where there was evidence of the mother’s history of drug abuse. The State of Nebraska...Read more
Filed on
Wednesday, April 2, 2014
SUMMARY: Termination of parental rights was in the children’s best interests where the children had been in foster care for over three years, there was evidence of inappropriate physical discipline, and the parents could not control all four children during visitation. The State filed a petition on...Read more
Filed on
Tuesday, April 1, 2014
SUMMARY: Requirement in a rehabilitation plan that the mother actively pursue a high school diploma or a GED diploma was not reasonably related to the conditions on which the adjudication had been obtained when the children were adjudicated because the mother left the children with an inappropriate...Read more
Filed on
Friday, March 21, 2014
SUMMARY: Termination of the mother’s parental rights was proper where she physically and verbally abused the children, had mental health issues that she didn’t adequately address, lied about taking medication and could not maintain a period of stability. However, termination of the father’s...Read more
Filed on
Friday, March 7, 2014
Summary: The Nebraska Supreme Court rejected minor child’s argument that the State failed to prove beyond a reasonable doubt that she was habitually truant from school under Neb. Rev. Stat. 43-247(3)(b), and the argument that the remedial measures schools are to take to address absenteeism as laid...Read more
Filed on
Tuesday, March 4, 2014
SUMMARY: Termination of the father’s parental rights was proper where he did not live with or support the child prior to removal, was incarcerated for two years, and had made many poor life decisions that placed him in a poor position to be able to parent. Hayden, DOB 1/08, was removed from his...Read more
Filed on
Friday, February 28, 2014
Summary: This case concerns the placement of a juvenile to the state’s youth rehabilitation and treatment center (YRTC) in Geneva on July 8, 2013. Prior to placement at the YRTC, the minor child was committed to the Office of Juvenile Services (OJS) for community-based services on March 12, 2013...Read more
Filed on
Friday, February 28, 2014
Summary: This case concerns the same issue presented in In re Interest of Marcella G.. The minor child, Quincy J., was committed to the Office of Juvenile Services (OJS) for community-based treatment prior to July 1, 2013. Nebraska Department of Health and Human Services (DHHS) filed a motion for a...Read more
Filed on
Wednesday, February 26, 2014
SUMMARY: Termination of a father’s parental rights was proper where the evidence taken together demonstrated that the father was not interested in reunifying with his children. The juvenile court did not rely solely on the father’s financial situation or cultural differences. On September 28, 2009...Read more
Filed on
Wednesday, February 26, 2014
SUMMARY: Evidence supported termination of a mother’s parental rights where there were concerns about the mother’s ability to remain sober and to parent her children safely, even though the mother made some progress on her goals. On September 24, 2009, Tracey was arrested for driving under the...Read more
Filed on
Tuesday, February 25, 2014
SUMMARY: Termination of a father’s parental rights was proper where there was evidence that the father had been offered numerous services but failed to take advantage of them and the father had numerous contacts with law enforcement officers and incarcerations. The State of Nebraska removed Alyssa...Read more

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