Caselaw Updates

bench hammer

Caselaw Updates

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Summary: In an opinion written by Judge Irwin, the Court of Appeals affirmed the Scottsbluff County Juvenile Court decision, which terminated the parental rights of Nathaniel V. over his son Eyllan J. The Nebraska Indian Child Welfare Act (NICWA) applied to the case and at issue was whether: the...
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SUMMARY: Termination of a mother’s parental rights was proper where the mother only had two visits with her children over the course of a five year case and never improved her parenting skills despite involvement in numerous services. The State of Nebraska removed LaCory (DOB 8/10/1999), Lela (DOB 2...
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SUMMARY: Evidence that the mother had six children previously removed from her care and had not addressed the issue that put her children at risk was sufficient to support terminating her parental rights to her seventh child. After Nemiah (DOB 12/2013) tested positive for methamphetamines and...
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SUMMARY: Termination of parental rights was in the child’s best interests where the parents had failed to maintain a relationship with the child or ever inquire into the child’s well-being. Tristan (DOB 6/21/2012) tested positive for Methadone and exhibited withdrawal symptoms shortly following his...
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SUMMARY: A father was not denied due process when the judge denied father’s motion to transport from prison to the termination hearing, but did allow counsel to be present and the father to participate via video conferencing. In addition, termination of parental rights was in the child’s best...
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SUMMARY: Termination of a mother’s parental rights was proper where the mother only had two visits with her children over the course of a five year case and never improved her parenting skills despite involvement in numerous services. The State of Nebraska removed LaCory (DOB 8/10/1999), Lela (DOB 2...
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SUMMARY: Termination of parental rights was supported by evidence that the six children had been in an out-of-home placement for over three years and the parents showed no permanent improvement in their parenting skills despite being offered numerous services. In February 2010, Natasha (DOB 5/2000)...
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SUMMARY: Dismissal of a petition was proper where the State failed to introduce evidence that the children witnessed or were aware of the domestic violence between the parents or evidence of a significant history of domestic violence between the parents. In addition, an incarceration of 104 days, by...
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SUMMARY: Termination of a father’s parental rights was in the children’s best interests where the father did not successfully address his substance abuse and made no progress toward reunification. On October 27, 2010, The State filed a petition as to Angel (DOB 1/2003) following reports of domestic...
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SUMMARY: Termination of a father’s parental rights was proper where there was evidence that the father had little contact with his son and did not participate in services. In addition, the termination of a mother’s parental rights was supported by evidence that the mother failed to put herself in a...
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SUMMARY: There was no plain error in the juvenile court finding there was not clear and convincing evidence to terminate the mother’s parental rights because there was insufficient evidence of best interests especially given that one child is living with her father and another is in a relative...
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SUMMARY: Termination of the father’s parental rights was improper because while he violated his parole and was returned to prison, the violation was only due to failing to visit his parole officer, and he had regular visits with the children prior to re-incarceration and had supported the children...
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SUMMARY: The State proved by preponderance of the evidence that HHS custody was necessary for the child’s welfare where the mother had failed to rehabilitate herself in the two years of offered services following the removal of her three older children. The State removed Baby Boy R. (DOB: October...
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SUMMARY: Because there was no evidence of coercion during the mother’s voluntary case with DHHS, due process requirements were not triggered prior to the filing of a petition. Due process protections after the filing of the petition were sufficient, and there was a prima facie case for N.R.S. 43-292...
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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...