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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
Friday, September 6, 2013
SUMMARY: A known adjudicated or biological father who has provided regular and substantial financial support to his child must be notified of abuse/neglect proceedings prior to the dispositional phase pursuant to N.R.S. 43-263 and 43-265. DHHS and its employees are protected by sovereign and...Read more
Filed on
Friday, May 6, 2011
SUMMARY: Siblings of a child under the custody of the state child welfare system have no standing to appeal denial of the child’s placement in their home. Meridian, a 3-year-old, was adjudicated as a child within the meaning of N.R.S. 43-247(3)(a) in December 2007, and has been in foster care...Read more
Filed on
Friday, May 21, 2010
SUMMARY: Because it must be determined that termination is in the best interests of the child which requires a consideration of the child’s current situation, 43-292(2) is not unconstitutional just because the factual basis for it may be focused primarily on prior neglect of siblings. In this case...Read more
Filed on
Friday, January 17, 2003
SUMMARY: During an appeal of termination of parental rights, the parents cannot collaterally attack the adjudication or case plans adopted pursuant to adjudication. The condition of the home, which was the basis for adjudication, was merely a manifestation of the parents’ inability to properly care...Read more
Filed on
Friday, August 13, 1999
SUMMARY: It is not unconstitutional for the guardian ad litem to perform both the investigatory duties of a guardian ad litem and bring and try a motion to terminate parental rights as authorized in Neb. Rev. Stat. section 43-272.01(2). As a ground for termination under 43-292(6), the...Read more
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