Caselaw Updates
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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...
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SUMMARY: Termination of parental rights was proper where the mother completed only one of four substance abuse treatments and was arrested for meth possession soon after the successful discharge, failed to comply with drug testing throughout the case. Lisette, DOB 9/10, was removed from the home of...
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SUMMARY: Termination of a father’s parental rights was in the child’s best interest when the child had spent the majority of his life in foster care. In addition, the father made little effort to keep in contact with the child and was not in a position to take physical custody. On August 30, 2012...
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SUMMARY: Evidence supported the termination of a mother’s parental rights where the mother had a long history of drug addiction and failed to take advantage of offered services, despite the fact that the mother initially responded well to treatment. The State of Nebraska filed an amended petition in...
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SUMMARY: Termination of parental rights was proper where the parent failed to comply with services until immediately before trial, exhibited erratic behavior, and wouldn’t be in a position to parent for several years due to mental health issues. Tabitha, DOB 2/11, is the child of Sarah. DHHS has...
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SUMMARY: The juvenile court did not err in adjudicating the child where there was evidence that the mother used inappropriate physical discipline; however, there was no evidence that the mother did not prevent her daughter from inappropriate sexual contact. The mother was provided due process...
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SUMMARY: Termination of a father’s parental rights under the Nebraska Child Welfare Act was proper when active efforts had been undertaken, future efforts would be futile, and placement with the father would likely result in emotional and physical harm. In addition, the father was incarcerated...
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SUMMARY: Evidence stemming from a voluntary agreement between the parent and DHHS cannot be used against the parent in support of terminating parental rights. Kerri is the mother of Joseph, DOB 1/00, William, DOB 11/05, and Steven, DOB 12/06. Kerri was involved with DHHS and the juvenile court from...
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SUMMARY: Termination of parental rights was proper where the mother lost custody of four prior children and did not correct the conditions that led to the earlier issues or utilize the services offered to her. Jewel, DOB 12/12, is the child of Ronnie Jo. Ronnie Jo lost custody of four other children...
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SUMMARY: Termination of parents’ parental rights was in the children’s best interests where the children had been in foster care for approximately 70% of their lives and the father was mostly absent and made no effort to participate in services. On February 11, 2011, the State of Nebraska filed a...
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SUMMARY: Termination of a mother’s parental rights was supported by evidence that the mother was provided numerous services, but made limited progress in dealing with mental health issues and parenting skills. The State of Nebraska removed Elijah (DOB 6/2006), Airion (DOB 9/2007) and Aryiona (DOB 12...
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SUMMARY: Juvenile court properly issued letters of guardianship where it was clear from the context of the order and the proceedings that the court intended to establish a guardianship. In addition, the juvenile court does have authority to create a visitation plan for children in guardianship...
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SUMMARY: Juvenile court abused its discretion in denying a motion to transfer to tribal court in a termination of parental rights proceeding where the Nebraska Indian Child Welfare Act applied because the termination proceeding is separate from the foster care placement proceedings for the “late...
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SUMMARY: Termination of parental rights was proper where the mother failed to comply with services and showed an unwillingness to engage. On October 31, 2011, the State filed a petition under N.R.S. 43-247(3)(a) as to Dakota, DOB 1/99, and Anthony, DOB 7/01, due to the mother’s use of controlled...
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SUMMARY: Termination of the father’s parental rights was improper because the length of time in foster care cannot be the sole best interest factor when the parent is not unfit and the length of incarceration of the father was speculative even though it was the sole reason for the termination filing...