Caselaw Updates
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SUMMARY: The statutory time limit to hold an adjudication hearing is directory, not mandatory. The mother’s failure to protect her child from abuse by the father by allowing her to live with him when she knew he was abusive was sufficient cause for termination of parental rights. C.P, DOB 9/22/83...
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Summary: Adjudication of termination of parental rights is not barred by the expiration of the 6 month time limit between when the petition is filed and adjudication by §43-278, a directory statute, unless the parents are prejudiced by the delay. Termination of parental rights was appropriate when...
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Summary: Termination of parental rights was proper where the mother failed to protect her children from her abusive partner, failed to obtain prompt medical treatment for injuries and illnesses, and failed to remove her children from a hostile environment. G.P. resided in a home with her male...
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Summary: Termination of parental rights was appropriate where, although the lower court did err in allowing hearsay evidence, the Nebraska Supreme Court found that the evidence establishes that the mother did comply with the rehabilitation plan to the best of her abilities but remained substantially...
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Summary: Evidence that M.M., the father, suffers from a personality disorder characterized by impulsivity and violent outbursts, that he is not amenable to treatment, and that the disorder resulted in abuse of an older child is enough to conclude he suffers from a mental illness or deficit and that...
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Summary: Termination of parental rights was appropriate where both parents were unable to discharge parental responsibilities due to mental illness and the condition was reasonably thought to continue for a prolonged, indeterminate period and the only valid defense for abandonment was the mental...
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Summary: Termination of parental rights was not support by the evidence that the mother had effectively completed the rehabilitation plan requirements related to the conditions of the adjudication, had not been given reasonable opportunity to complete other requirements, and many of the incomplete...
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Summary: Termination of parental rights was supported by evidence that the mother suffered from a mental illness, undifferentiated schizophrenia, and was therefore unable to care for her child. C.W. (D.O.B. unknown) first came to the attention of the juvenile court of Douglas County, Nebraska...
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SUMMARY: The rehabilitation plan must be reasonable and under the direction of the juvenile court. Siblings have the right to know each other. Delays in progression of the case due to court or agency conduct cannot be used to justify termination of parental rights due to the child’s bonding with the...
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Summary: Termination of parental rights was appropriate when the evidence demonstrated that the father engaged in sexual acts with the children and suffered from pedophilia, with no reasonable prospect of curing within a reasonable time. An amended petition was filed in county court in Lincoln...
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SUMMARY: Once parental rights of a child have been terminated, the natural parents of the parent whose rights have been terminated are not entitled as a matter of right to continue visitation. Godfrey Ditter and Lorena Ditter, paternal grandparents to the two minor children, sought to intervene in a...
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Summary: Termination of parental rights was proper when both parents suffered from mental illness and deficiencies that rendered them unable to perform parental responsibilities and the condition is likely to continue for a prolonged, indeterminate period. § 43-209 considers the parent’s mental...