Caselaw Updates

bench hammer

Caselaw Updates

Filed on:
SUMMARY: Termination was proper where the mother failed to maintain her psychiatric care and medications, was unwilling to acknowledge her boyfriend’s culpability in her son’s injuries, and made insufficient progress in the five years she was involved with DHHS. The mother, Nichole, has been...
Filed on:
SUMMARY: The parents’ behaviors, which included failure to take feeding instructions seriously, to have adequate formula and to comply with the feeding schedule, created a definite risk of harm that the baby would not be properly fed as medically required, warranting adjudication. It is not...
Filed on:
SUMMARY: Termination was proper where the mother failed to maintain her psychiatric care and medications, was unwilling to acknowledge her boyfriend’s culpability in her son’s injuries, and made insufficient progress in the five years she was involved with DHHS. The mother, Nichole, has been...
Filed on:
SUMMARY: It was not plain error for the court to change the permanency goals from reunification and in finding that reasonable efforts were no longer required because the parents showed continued disregard in complying with the case plans and the children had been out of home 28 months. Jasmine L...
Filed on:
SUMMARY: Because the petition only alleged behavior by the mother’s boyfriend while the children were in his care, proper notice was not given to the mother that her behavior would be at issue in the case. Kathryn is the mother of Angel, DOB 1/08, Tyerca, DOB 11/08 and Zekyel, DOB 10/11, who were...
Filed on:
SUMMARY: A person who held out to be the child’s biological father for 15 years and had the child placed with him as a potential long-term placement has a sufficient interest for intervention. Filing the petition to intervene after the adjudication hearing began was not untimely. Placement of the...
Filed on:
SUMMARY: Termination of the father’s parental rights was improper where although the father had his rights to two older sibling involuntarily terminated, he had taken every step he could since the youngest child’s birth to establish a parental relationship. Damien S. was born in May 2011 to Jessica...
Filed on:
SUMMARY: Termination of the father’s parental rights was proper where he was incarcerated for much of the child’s life, failed to visit or have contact with the child and failed to intervene in the case. Dayton, DOB 6/07, went under the legal guardianship of his maternal grandmother, Ivy, when he...
Filed on:
SUMMARY: Termination of the mother’s parental rights was proper where she has had three prior involuntary terminations and has made no efforts in the short time of the current case to avail herself of services. Emily, DOB 4/11, is the fourth child of Amanda V. Amanda V. had her rights involuntarily...
Filed on:
SUMMARY: A state ward minor was not sufficiently mature to have an abortion because she showed neither that she understand the consequences of having an abortion nor that she had sufficient experience and judgment. The statutory language under N.R.S. 71-6903 permitting a court to allow an abortion...
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SUMMARY: Juvenile court erred in dismissing with prejudice the State’s petition when the dismissal was based on the State’s failure to appear at the scheduled hearing. The State of Nebraska filed three petitions to adjudicate Braxton D. as a juvenile under Neb. Rev. Stat. §43-247 alleging Braxton...
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SUMMARY: Evidence supported terminating the mother’s parental rights when the mother was incarcerated and the children had all spent significant portions of their lives in foster care, even though there was evidence that the mother attempted to maintain contact with the children. On September 18...
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SUMMARY: A foster parent has standing to appeal a court order approving a case plan that changes placement, and such an order is final and appealable. However, the record supports the juvenile court’s order changing placement from the grandparent’s home due to her violation of court orders. Montana...
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SUMMARY: Termination of the mother’s parental rights was proper because she failed to partake in services and therefore reasonable efforts did not resolve the issues causing removal. Hayden S., Krystopher S., Krysteena S., Mariannah S., and Fabienne S. were removed from the home of the mother...
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SUMMARY: Evidence was sufficient to establish beyond a reasonable doubt that the juvenile committed the offense of first degree sexual assault when the victim and other witnesses testified against the juvenile, even though no physical evidence was presented. On September 6, 2012, the State filed a...