In re Interest of Aaliyah M. et. al

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In re Interest of Aaliyah M. et. al

Caselaw No.
21 Neb. App. 63
Filed on
Tuesday, July 23, 2013

SUMMARY: The rights advisory pursuant to N.R.S. 43-279.01 need only be given at the adjudication stage or termination of parental stage in a TPR case, not both stages.

An initial appearance hearing on a 3a petition was held on October 1, 2009. The father, Ronald, was present, and the court advised him of his rights and possible dispositions including termination. On June 12, 2012, the State filed a motion to terminate Ronald’s parental rights. At an initial hearing on the TPR motions on July 12, 2012, the court gave a rights advisement to the mother but Ronald was not present. Trial was held on August 31, 2012, and the court terminated Ronald’s parental rights on September 25, 2012, claiming the court should have advised him of his rights before the TPR trial.

The Nebraska Court of Appeals affirmed the termination of parental rights. It noted that Ronald was present at the initial hearing at the adjudication stage and was advised of his rights then. The Court of Appeals then agreed with the State that 43-279.01 requires the rights advisement at either the adjudication phase or the termination phase, not both. Since Ronald received his advisement during the adjudication phase, the requirements of 43-279.01 were satisfied and his due process rights were not violated.