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clear and convincing

Filed on
Tuesday, April 28, 2015
Summary: The father, Michael G., appealed the termination of his parental rights under 43-292(2) & (7), arguing that there was insufficient evidence and that the court erred in finding that the formal rules of evidence did not apply. The Court of Appeals found that case law is clear that formal...Read more
Filed on
Tuesday, September 1, 2009
SUMMARY: In an ICWA case, active efforts should include direct guidance rather than passive referrals. The active efforts need only be culturally relevant if the conditions that led to out-of-home placement have some cultural basis. Evidence that termination is in the children’s best interests does...Read more
Filed on
Tuesday, September 23, 2008
SUMMARY: The termination of a guardianship was properly denied because there was clear and convincing evidence of continuing parental unfitness, including an unstable marital relationship, frequent changes in residences and schools, and ongoing fear of the mother of the father. Andrew (DOB 1/2002)...Read more
Filed on
Tuesday, October 31, 2006
SUMMARY: For the purposes of interpreting when DHHS is required to make reasonable efforts towards reunification under Neb. Rev. Stat. § 43-286.01, a family is defined as either the biological parents or a stepparent when such stepparent is married to the custodial parent at the time the petition...Read more
Filed on
Friday, January 13, 2006
SUMMARY: It is not a violation of due process to have a different burden of proof for the termination of the parental rights to an Indian child than the burden of proof required to terminate parental rights to a non-Indian child, because the “parents of non-Indian children are not similarly...Read more
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