Caselaw Updates

bench hammer

Caselaw Updates

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SUMMARY: A court’s denial to reinstate visitation when the TPR was set for four months later is temporary and not final and appealable. In November 2010, Nery was removed from the family home pursuant to N.R.S. 43-247(3)(a). On December 8, 2010, a motion to terminate parental rights was filed as to...
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SUMMARY: Termination of a father’s parental rights was supported by evidence that the father had not had any physical contact with the child for several years, had never financially supported the child, and was not in a situation to parent due to his incarceration. On November 9, 2010, the State...
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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...
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SUMMARY: Juvenile court did not abuse its discretion in qualifying the DHHS assessment worker as an expert where the worker had 4 ½ years of experience working with families. In addition, adjudication was proper where there was evidence of the mother’s history of drug abuse. The State of Nebraska...
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SUMMARY: Termination of parental rights was in the children’s best interests where the children had been in foster care for over three years, there was evidence of inappropriate physical discipline, and the parents could not control all four children during visitation. The State filed a petition on...
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SUMMARY: Requirement in a rehabilitation plan that the mother actively pursue a high school diploma or a GED diploma was not reasonably related to the conditions on which the adjudication had been obtained when the children were adjudicated because the mother left the children with an inappropriate...
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SUMMARY: Termination of the mother’s parental rights was proper where she physically and verbally abused the children, had mental health issues that she didn’t adequately address, lied about taking medication and could not maintain a period of stability. However, termination of the father’s parental...
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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...
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SUMMARY: Termination of the father’s parental rights was proper where he did not live with or support the child prior to removal, was incarcerated for two years, and had made many poor life decisions that placed him in a poor position to be able to parent. Hayden, DOB 1/08, was removed from his...
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Summary: This case concerns the same issue presented in In re Interest of Marcella G.. The minor child, Quincy J., was committed to the Office of Juvenile Services (OJS) for community-based treatment prior to July 1, 2013. Nebraska Department of Health and Human Services (DHHS) filed a motion for a...
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Summary: This case concerns the placement of a juvenile to the state’s youth rehabilitation and treatment center (YRTC) in Geneva on July 8, 2013. Prior to placement at the YRTC, the minor child was committed to the Office of Juvenile Services (OJS) for community-based services on March 12, 2013...
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SUMMARY: Termination of a father’s parental rights was proper where the evidence taken together demonstrated that the father was not interested in reunifying with his children. The juvenile court did not rely solely on the father’s financial situation or cultural differences. On September 28, 2009...
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SUMMARY: Evidence supported termination of a mother’s parental rights where there were concerns about the mother’s ability to remain sober and to parent her children safely, even though the mother made some progress on her goals. On September 24, 2009, Tracey was arrested for driving under the...
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SUMMARY: Termination of a father’s parental rights was proper where there was evidence that the father had been offered numerous services but failed to take advantage of them and the father had numerous contacts with law enforcement officers and incarcerations. The State of Nebraska removed Alyssa...
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SUMMARY: Termination of parental rights was proper where the mother failed to complete dual-diagnosis treatment, failed to comply with drug testing, did not take prescribed medication, could not manage the children together during visits and failed to consistently participate in NA. Nathaniel, DOB 3...