Caselaw Updates

Caselaw Updates

Filed on
Friday, June 26, 2009
SUMMARY: Under its right to intervene in ICWA proceeding, a Tribe’s designated representative does not have to be authorized to practice law and may fully participate in proceedings. The Ponce Tribe of Nebraska made a motion to intervene in child custody proceedings involving Indian children. The...Read more
Filed on
Friday, June 26, 2009
SUMMARY: Termination of the parental rights of a deported mother was improper because the State did not prove parental unfitness especially as the mother submitted overwhelming evidence in two home studies of her fitness as a parent. The “best interest” standard does not mean finding one...Read more
Filed on
Tuesday, June 2, 2009
SUMMARY: The father did not abandon the child for purposes of 43-292 as he reasonably believed at birth that he was not the biological father of the child, had no contact with the mother or DHHS until the termination petition was filed, and made efforts to become involved once finding out he was...Read more
Filed on
Tuesday, May 26, 2009
SUMMARY: The court lacked jurisdiction to terminate parental rights because, after learning of another state’s order establishing the father’s paternity and custody rights, it did not follow the UCCJEA requirements of (1) specifying in the order a period of time allowing the person to seek an order...Read more
Filed on
Tuesday, May 19, 2009
SUMMARY: The mother’s consistent and substantial progress in the 17 months between the filing of the termination petition and the completion of the TPR trial make it error to terminate her parental rights. Dannie, DOB 10/30/02, was removed from her mother Michelle on April 26, 2004, after she...Read more
Filed on
Friday, May 15, 2009
SUMMARY: A permanency hearing is required for every child in foster care more than 12 months, even those in delinquency cases. As the result of the permanency hearing cannot include termination of parental rights, it was not a violation of due process not to inform him of the possibility of...Read more
Filed on
Tuesday, May 12, 2009
SUMMARY: An order determining a change in the permanency plan to adoption but keeping the same rehabilitation plan for the mother is not a final order. Christina R. is the mother of Lea D. (DOB 10/94), Charlie D. (DOB 1/97), Sierra R. (DOB 11/00), and Tayla R. (DOB 9/08). The father is not involved...Read more
Filed on
Tuesday, April 28, 2009
SUMMARY: The time a parent spends incarcerated shall not be excluded from the determination of whether a child has been out-of-home 15 of the most recent 22 months. As the father did not take steps to undergo sex offender treatment in the two months prior to incarceration or immediately after his...Read more
Filed on
Tuesday, March 31, 2009
SUMMARY: Even though the father left the termination hearing, he was afforded procedural due process given he had notice, was read and understood the petition and his rights, was represented by an attorney and GAL, and had initially been present at the hearing. As the caseworker had contact with...Read more
Filed on
Tuesday, March 24, 2009
SUMMARY: It is a violation of procedural due process to proceed with a hearing on the termination of parental rights in the absence of the parent and the parent’s attorney, more so when the parent’s attorney had been suspended from the practice of law. The mother, Christine, has five children who...Read more
Filed on
Tuesday, March 24, 2009
SUMMARY: The child comes within the meaning of 43-247(3)(a) because he is at risk for harm due to the father’s failure to pay child support and lack of any evidence that he provided the child with proper parental care and support. Enrique, DOB 5/1/00, is the child of Tevon and Xiomara G. On or...Read more
Filed on
Tuesday, March 24, 2009
SUMMARY: The father’s testimony as to his paternity of the child was sufficient to establish paternity. Reasonable efforts were not required to be proven in the termination of parental rights as the bases for termination were 43-292(1) and (7). Laquisha, DOB 3/17/97, is the child of Timothy. On...Read more
Filed on
Tuesday, March 10, 2009
SUMMARY: In a case involving the Indian Child Welfare Act (ICWA), the State must amend its pleadings to reflect the standards required under ICWA regardless of whether the court nevertheless makes the required findings. A DHHS caseworker with 11 years of experience and history of working with...Read more
Filed on
Tuesday, February 24, 2009
SUMMARY: Although the juvenile court had the power to vacate its court order making findings required for Special Immigrant Juvenile Status (SIJS), its doing so was in error because there was sufficient evidence to make the required findings. Jose G. and Luis G. were brought from Guatemala to the...Read more
Filed on
Tuesday, February 24, 2009
SUMMARY: Although the mother’s non-compliance warranted her dismissal from the Family Drug Court program, it was error for the court not to grant the State’s oral motion for placement review based on allegations on renewal of drug use and risk to the children. The children, Sire E. (DOB 4/10/92),...Read more

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