Caselaw Updates

Caselaw Updates

Filed on
Friday, February 24, 2017
SUMMARY: DHHS and the director of its Medicaid and long-term-care division appeal from the District Court for Lancaster County. The district court granted appellee’s request for reimbursement for expenses that were incurred due to the wrongful termination of Brayden’s services, as well as attorney...Read more
Filed on
Tuesday, February 21, 2017
SUMMARY: Erika D. appeals and Joshua P. cross-appeals from the order of the separate juvenile court of Douglas County which adjudicated the parties’ minor children under Neb. Rev. Stat. § 43-247(3)(a) and terminated Erika’s and Joshua’s parental rights. The Nebraska Court of Appeals affirm the...Read more
Filed on
Friday, February 10, 2017
SUMMARY: Lucia V. appeals from an order from the County Court for Buffalo County. In the current case, the trial court issued an order nunc pro tunc purporting to vacate its prior order, which terminated Lucia’s parental rights to her five children. Without evidence in the record that a party did...Read more
Filed on
Tuesday, February 7, 2017
SUMMARY: Robert P. and Veronica M. appeal from orders of the county court for Garden County, sitting as a juvenile court, appointing an “educational surrogate” after Robert and Veronica refused to complete consent forms necessary to authorize speech and language and early childhood development...Read more
Filed on
Friday, February 3, 2017
This case considers how claim and issue preclusion apply in abuse and neglect cases where the state asserts additional grounds under 43-247(3)(a). Griel and Michaela are biological parents of Noah, Cheyenne, and Ciara. In March of 2014, the state filed a petition under 43-247(3)(a) that the...Read more
Filed on
Friday, December 16, 2016
SUMMARY: Sharon J., the paternal grandmother of Darryn C. appeals a juvenile court order overruling her motion for custody of Darryn and further ordering home studies on her two residences. Darryn was adjudicated in the Douglas County separate juvenile court pursuant to § 43-247(3)(a) based on...Read more
Filed on
Friday, December 9, 2016
SUMMARY: Sandrino T. and Remus M. were each charged in the Lancaster County Separate Juvenile Court with six counts in connection with ATM skimming. Specifically, it was alleged that the juveniles were involved in a scheme to collect credit and debit card information via cameras and skimming...Read more
Filed on
Friday, December 2, 2016
SUMMARY: The Douglas County separate juvenile court adjudicated twin brothers LeVanta S. and ReRonn S. under Neb. Rev. Stat. § 43-247(3)(c) as “mentally ill and dangerous” and placed in out-of-home care after an initial filing for trespass and truancy which was later dropped when it was determined...Read more
Filed on
Tuesday, November 29, 2016
SUMMARY: The father of Jaxyn appeals the lower courts finding of Jaxyn to be a juvenile as defined by § 43-247(3)(a). The father asserts that insufficient evidence was produced to support this conclusion. Prior to this finding, the State filed a petition seeking to adjudicate Jaxyn under § 43-247(3...Read more
Filed on
Friday, November 18, 2016
SUMMARY: The adoptive parents of Nettie F.’s sibling filed a complaint to intervene on the sibling’s behalf in order to seek guardianship over Nettie as the child’s pre-adoptive placement and facilitate a joint-sibling placement. This was originally permitted by the lower court but vacated by that...Read more
Filed on
Friday, October 28, 2016
SUMMARY: The State appealed an order from the Juvenile Court of Douglas County where the Judge dismissed allegations in the petition with prejudice. The State contends they should have been dismissed without prejudice. In August 2015, the State filed an amended petition to seek adjudication for...Read more
Filed on
Tuesday, October 11, 2016
SUMMARY: Robert S. appeals from the order of the separate juvenile court for Douglas County which terminated his parental rights to his four minor children. Robert asserts that the lower court terminated his parental rights erroneously and that termination is not in the children’s best interests...Read more
Filed on
Tuesday, September 20, 2016
SUMMARY: Denesia W. appeals the order of the county court for Kearney County which terminated her parental rights to five minor children (Jaina W., Trystan W., Sebastyen R., Selena R., and Evelynn R.) which she is the biological mother. Denesia asserts the court’s decision is contrary to the law...Read more
Filed on
Friday, September 16, 2016
SUMMARY: The lower juvenile court terminated a mother’s parental rights to her child. The Court of Appeals reversed due to the State having failed to prove termination was in the child’s best interests. The Nebraska Supreme Court reverses the Court of Appeals and remands the cause with direction...Read more
Filed on
Tuesday, September 6, 2016
SUMMARY: Diana S. appeals from an order of the separate juvenile court of Douglas County granting an objection to a proposed change of placement for her daughter, Julia D., and striking permanency objectives of reunification and ordering that no further reasonable efforts for reunification be...Read more

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