Caselaw Updates
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Summary: The Nebraska Supreme Court ruled that the Nebraska Department of Health and Human Services’ (NDHHS) appeal of the Madison County order committing a 13-year old male to the Youth Rehabilitation and Treatment Center (YRTC) was moot since the youth was discharged from the YRTC during the...
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SUMMARY: Exhibited was not improperly excluded from evidence when the information contained in the exhibited was included in its entirety in another offered and received exhibit. In addition, evidence that the father had control over the child during the period when the child fractured his ribs...
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Summary: The Nebraska Supreme Court reversed 22 Neb. App. 70 and upheld Colfax County Court’s original decision terminating the father’s rights based on abandonment. The Court of Appeals had reversed the original decision regarding abandonment citing uncertainty regarding paternity and also a lack...
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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: 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...