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Filed on
Tuesday, April 28, 2015
Summary: In this case the children were adjudicated under 43-247(3)(a) based upon the faults and habits of the father surrounding a domestic violence incident between the mother and the father. The factual basis for the adjudication included evidence that the father had been drinking prior to the...Read more
Filed on
Tuesday, February 17, 2015
Summary: Care and custody with DHHS is appropriate for the children during the pre-adjudicative phase where the custodial parent is alleged to be unfit and there is no evidence the non-custodial parent is unfit, even when the children are placed with the non-custodial parent. On February 13, 2014,...Read more
Filed on
Tuesday, October 28, 2014
SUMMARY: Exhibited was not improperly excluded from evidence when the information contained in the exhibited was included in its entirety in another offered and received exhibit. In addition, evidence that the father had control over the child during the period when the child fractured his ribs...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
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
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
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
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 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
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


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