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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, May 27, 2014
SUMMARY: Termination of parental rights was proper where the child had multiple injuries over several years, where he was diagnosed with psycho-social dwarfism, where he was severely delayed in multiple areas but made quick improvements after being placed in foster care and where the parents failed...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, October 2, 2012
SUMMARY: Termination of parental rights were proper where the mother had received parenting assistance since 2003 but failed to make sufficient progress to allow the children to return to her care. The children were removed from the home of the mother, Selina, on the following dates: Nyaliet,...Read more
Filed on
Tuesday, July 12, 2011
SUMMARY: Termination of parental rights was proper because the father continually failed to deal with his ongoing issues with alcohol abuse and the mother failed to understand and seek proper treatment for her mental health disorder, and neither made acceptable progress in improving their parenting...Read more
Filed on
Tuesday, October 5, 2010
SUMMARY: Refusal to invalidate an adjudication order that was not ICWA compliant was proper because ICWA provisions apply prospectively from the formal identification of the child as Indian, because there was no basis for collateral attack and because Neb. Rev. Stat. 43-1507 does not apply where...Read more
Filed on
Tuesday, May 18, 2010
SUMMARY: Serious emotional or physical damage under ICWA was likely to result if the child was returned home given the degree of domestic violence committed by the father against the mother and failure to address the issues. Termination of the parental rights of both parents was proper based on the...Read more
Filed on
Tuesday, May 11, 2010
SUMMARY: The proper burden of proof for the adjudication of an Indian child is by a preponderance of the evidence, not clear and convincing. Emma, DOB approx. 1994, was placed in foster care on May 20, 2009, based on her allegations of physical abuse by her father, Geneo. On May 15, 2009, Emma...Read more
Filed on
Tuesday, March 10, 2009
SUMMARY: In a case involving the Indian Child Welfare Act (ICWA), the State must amend its pleadings to reflect the standards required under ICWA regardless of whether the court nevertheless makes the required findings. A DHHS caseworker with 11 years of experience and history of working with...Read more
Filed on
Tuesday, April 11, 2006
SUMMARY: In examining the testimony of numerous medical experts disputing the explanations offered by the parents of their son’s multiple fractures, and given the rule that actual injury or physical harm is not required for the court to take protective steps, the Court of Appeals upheld a...Read more


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