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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, April 8, 2014
SUMMARY: Evidence was sufficient to establish educational neglect under the juvenile code. A school has no duty to provide reasonable efforts to ensure child attendance when the filing is done as educational neglect under N.R.S. 43-247(3)(a). Laticia was 6 years old during the 2011-12 school year...Read more
Filed on
Friday, March 7, 2014
Summary: The Nebraska Supreme Court rejected minor child’s argument that the State failed to prove beyond a reasonable doubt that she was habitually truant from school under Neb. Rev. Stat. 43-247(3)(b), and the argument that the remedial measures schools are to take to address absenteeism as laid...Read more
Filed on
Tuesday, November 5, 2013
Summary: In determining a dispositional order it constitutes plain error for the court to consider juvenile court proceedings from another county over which is has no jurisdiction. Further, Neb. Ct. R. App. P. § 2-109(D)(1) requires that the appellant include a separate section for assignments of...Read more
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