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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 22, 2013
SUMMARY: A person who held out to be the child’s biological father for 15 years and had the child placed with him as a potential long-term placement has a sufficient interest for intervention. Filing the petition to intervene after the adjudication hearing began was not untimely. Placement of the...Read more
Filed on
Tuesday, January 17, 2012
SUMMARY: Termination of parental rights was in the child’s best interests because the father made little effort to be involved in the case, to communicate with the caseworker or his attorney or to have a relationship with the child. Jasminiah S., DOB 4/05, was removed from the mother’s home on...Read more
Filed on
Tuesday, July 21, 2009
SUMMARY: Grandparents no longer have a legal interest in court proceedings or a right to visitation once parents’ parental rights have been terminated, and could not intervene as foster or prospective adoptive parents as a matter of right. The children, Carlos, Carlynn and Joshowah, were removed...Read more
Filed on
Friday, June 26, 2009
SUMMARY: Under its right to intervene in ICWA proceeding, a Tribe’s designated representative does not have to be authorized to practice law and may fully participate in proceedings. The Ponce Tribe of Nebraska made a motion to intervene in child custody proceedings involving Indian children. The...Read more
Filed on
Tuesday, October 28, 2008
SUMMARY: Once a parent’s rights are terminated, the grandparent no longer has a legal interest in the court proceedings. The children, Crystal, Joshua and Jacob, were adjudicated under 43-247(3)(a) in June 2003. On August 18, 2005, the maternal grandmother, Carol, intervened in the proceedings. On...Read more
Filed on
Tuesday, December 11, 2007
SUMMARY: When a motion to transfer to juvenile court is filed, subsequent hearings cannot be held absent a finding of good cause. A 3(a) petition was filed alleging that the child was a member of an Indian tribe and that parental rights should be terminated pursuant to N.R.S. 43-292(2) and (4). One...Read more
Filed on
Friday, January 5, 2007
SUMMARY: “An adoption cannot be vacated under NICWA where the tribe’s entry into the proceedings is untimely.” The biological mother of Kenten H, relinquished her parental rights to Kenten H to the Department of Health and Human Services. She later petitioned the county court to vacate the adoption...Read more
Filed on
Tuesday, March 14, 2006
SUMAMRY: “In an action for adjudication of Indian children, it is necessary to plead facts under the ICWA.” In this case, the juvenile court committed error when it adjudicated the children under the original petition which did not contain the facts required by ICWA.Also, there was insufficient...Read more
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