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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
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
Tuesday, March 30, 2010
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,...Read more
Filed on
Tuesday, November 3, 2009
SUMMARY: The absence of the guardian ad litem during the termination trial was not plain error. Because the father was not provided with a case plan until late in the case and there was little evidence establishing his failure to comply, termination of his parental rights was improper. The children...Read more
Filed on
Tuesday, March 24, 2009
SUMMARY: It is a violation of procedural due process to proceed with a hearing on the termination of parental rights in the absence of the parent and the parent’s attorney, more so when the parent’s attorney had been suspended from the practice of law. The mother, Christine, has five children who...Read more
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