Caselaw Updates

bench hammer

Caselaw Updates

Filed on:
SUMMARY: Though there was evidence of love and a bond between a father and a son, termination of parental rights was proper where there was sufficient evidence that the father did not make adequate progress toward reunification. The State adjudicated Jakob (D.O.B. 1/2004) in December of 2009. Jakob...
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SUMMARY: Termination of parental rights were proper where the mother had received parenting assistance since 2003 but failed to make sufficient progress to allow the children to return to her care. The children were removed from the home of the mother, Selina, on the following dates: Nyaliet, Julius...
Filed on:
SUMMARY: Some evidence of a mother’s love and affection toward her children was not sufficient to overcome the substantial evidence of lack of cooperation, habitually poor parenting skills, and lack of improvement supporting a termination of parental rights. On January 22, 2009, the State filed a 3a...
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SUMMARY: Termination of parental rights was proper where the child was in foster care a substantial amount of time, the mother had failed to adequately parent after being offered many services, and the father had ongoing immigration issues that prevented him from working or providing stability for...
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SUMMARY: An order suspending visits was not final and appealable because it was not a permanent termination of her visitation rights and the mother could regain those rights after a showing that visits were in the children’s best interests. The children, James, Xyanna and Dominick, were the subject...
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SUMMARY: Despite the fact that the mother testified she did everything that was asked of her, evidence of a pattern of refusing to accept responsibility and a failure to improve on shortcomings was sufficient to support a termination of parental rights. On April 3, 2009, the State filed a petition...
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SUMMARY: The court did not err in finding a youth not eligible for Special Immigrant Juvenile Status (SIJS) based on abandonment by “one or both parents” because reunification with his mother was feasible. Erick M. was committed to OJS (Office of Juvenile Services) in December 2010 due to two...
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SUMMARY: Evidence that a mother continuously chose dangerous men over her own children and put her children in a position of harm was sufficient to support a termination of parental rights in a child sexual abuse case. A petition as to Nelliaha, DOB 9/2004, and Kamesha, DOB 7/2008, was filed on 7/23...
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SUMMARY: Mother’s close bond and ability to relate well with her children was not sufficient to overcome substantial evidence supporting a termination of parental rights that the mother failed to put herself in a position where she could permanently take care of her children. On July 2, 2009, the...
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SUMMARY: The guardian ad litem’s failure to object to the parents’ motion to transfer the case to tribal court, even though he had earlier objected to the tribe’s similar motion, precludes the guardian ad litem from appealing the court’s approval to transfer and that, nevertheless, the burden of...
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SUMMARY: The court did not abuse its discretion in denying the father appointment of a guardian ad litem. Termination was in the child’s best interest because the father failed to consistently attend visits, submit to UAs, attend therapy or take prescribed medications. A 3a petition was filed on...
Filed on:
SUMMARY: Termination of parental rights was proper where the father failed to engage in services to address his domestic violence history and serious alcohol abuse. A 3a petition as to James, DOB 12/05, was amended in December 2008 alleging the father, Donald, had a history of confrontation with the...
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SUMMARY: The rights advisement to a parent only needs to be given prior to the adjudication or plea, but it is good practice to advise a parent at the earliest possible time. Continued custody was proper where the mother continued to have issues with mental health, housing, domestic violence and...
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SUMMARY: Evidence of a father’s failure to show an interest in his child or to put himself in a position to properly care for his child supported termination of parental rights. In June 2012, the State filed an amended supplemental petition alleging Charles was the father to Alaina, DOB 10/18/2007...
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SUMMARY: A judge’s prior minimal involvement as a deputy county attorney in the criminal case of an individual peripheral to the case, of which she had no recollection, was not sufficient to warrant recusal. “Out-of-home placement” under statutory grounds for termination of parental rights includes...