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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
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, July 27, 2010
SUMMARY: Holding the adjudication hearing 8 months after the petition was filed where the child is 17 years of age and the abuser already sentenced for sexual assault is hardly ideal but not grounds for reversal. Evidence establishing that the interpreter at the therapy sessions was fluent in...Read more
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