Caselaw Updates
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SUMMARY: Termination was proper where the parents were unable over the course of several years to properly parent the children, who were exhibiting severe behaviors and had high needs. The children’s statements made to the therapist and caseworker were properly admitted in satisfaction of due...
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SUMMARY: Physical evidence and a child’s disclosure of sexual abuse are sufficient evidence of sexual abuse, even where some testimony was incorrectly admitted as hearsay. A 3a petition as to Ashlyn, DOB 3/05, alleged Ashlyn’s stepfather, Kenneth, sexually abused Ashlyn. Milly, Ashlyn’s mother...
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SUMARRY: Termination of parental rights was proper where there was evidence of a long history of domestic violence between the parents and the parents showed poor progress toward improvements. The State filed an amended petition in October, 2009 alleging John and Melissa failed to provide Jontaia...
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SUMMARY: Termination of parental rights was proper where the father had been incarcerated for a full term of almost 50 years and had failed to contact or provide for the child. Jaylyn, DOB 10/08, was removed from the mother’s home in October 23, 2009. The mother’s parental rights were eventually...
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SUMMARY: Proper notice of allegations against a parent in the petition is a requirement of due process, not of jurisdiction. In the allegation of non-supervision of a child, duration is a critical piece of establishing definite risk of harm. A 3a petition as to Taeven, DOB 5/09, was filed on May 3...
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SUMMARY: The children’s perceptions of permanency in distinguishing adoption and guardianship do not affect the determination of whether termination is in the children’s best interests. Termination of parental rights was proper because the mother was not capable of putting herself in a position to...
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SUMMARY: A court order ceasing the search for relative placements in an ICWA case was in error because there was insufficient evidence in the record that good cause existed to avoid placement preferences. The children, Enrique P., DOB 6/93, Carina P., DOB 12/95, Christian P., DOB 11/99, and...
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SUMMARY: A mother’s long history of abusive relationships and failure to cooperate with services supported a termination of the parental rights. On November 10, 2009, the State filed a motion for temporary placement of Elijah, DOB 11/2004, and Penelope, DOB 5/2003, based on a report that indicated...
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SUMMARY: Termination of parental rights was proper where evidence of the mother’s unfitness supporting termination included a history of homelessness and inappropriate housing, her choice not to live close to the children, her minimal contact with the children over three years and her use of...
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SUMMARY: The change of permanency objective by the court from reunification to adoption/ guardianship was proper because although the mother/guardian had participated in services, she has demonstrated unwillingness over 2 years to make the necessary changes. Debra is the mother of Marcus C., DOB 8...
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SUMMARY: There was good cause to deny transfer of the case to tribal court for being at an advanced stage where the motion was made one week after the petition to terminate parental rights was filed and two years after the children were placed with their current foster family. Zylena and Adrionna...
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SUMMARY: Termination of parental rights was proper where the parents had an extensive drug history, involvement in Satanic worship, chronic unemployment and lack of housing, inability to progress past supervised visitation, and inability to understand the baby’s high level medical needs. N.R.S. 43...
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SUMMARY: Termination of parental rights was proper where the evidence showed the mother failed to make significant progress on her case plan over the course of 15 months of the child being in foster care. Niko B., DOB 7/09, was removed from the home of the parents, Nicholas and Noahlene, on December...
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SUMMARY: An order approving a transition plan of the child from the foster parents to the grandparent and proposed guardian is final and appealable. Legislative changes to 43-285(2) shifted the burden of proof in showing the case plan is in the child’s best interests from the parent to the State and...
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SUMMARY: Termination of parental rights was proper where the mother consistently failed to comply with court orders, including failing to consistently attend family therapy and visits with the children, not obtaining safe and stable housing and failing to secure employment. Akol M., DOB 6/98, Amuk M...