Caselaw Updates
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SUMMARY: Termination of parental rights was proper where the mother failed to attend appointments and visits, had little progress in therapy, had unstable employment and did not provide adequate food for the child. The judge’s denial to recuse herself was proper where there was only an assertion of...
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SUMMARY: Termination of parental rights was proper where after two years of services was unable to provide even the most minimal requirements for parenting and could not provide permanency or stability. Cheyenne, DOB 12/05, was formally removed from the mother, Melody, on December 29, 2008, after...
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SUMMARY: Termination of parental rights was proper where the father had a frequent pattern of incarceration, did not properly care for older children and had a serious drug problem that hadn’t been adequately addressed. Two older siblings of Maurice Jr., DOB 7/09, were removed from the family home...
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SUMMARY: Termination of parental rights was proper where the children had been in foster care for a substantial period of time, where the father had been incarcerated off and on during that time and had only sporadically visited the children. Tyler W., DOB 5/07, and Landon W., DOB 10/08, were...
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SUMMARY: An order finding a grandparent to be a good moral citizen but making no appointment of guardianship is not a final order. Martha, the paternal grandmother of Karlie D. intervened in her abuse/neglect proceedings in November 2009. Karlie’s father died during the proceedings. In March 2010...
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SUMMARY: Termination of parental rights was proper because the father continually failed to deal with his ongoing issues with alcohol abuse and the mother failed to understand and seek proper treatment for her mental health disorder, and neither made acceptable progress in improving their parenting...
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SUMMARY: Termination was in the children’s best interest where the mother failed to comply with the rehabilitation plan despite assistance from state workers, which included additional efforts addressing cultural barriers. Dut A., DOB 1/96, and Akon A., DOB 11/99 were removed from the care of the...
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SUMMARY: Reasonable efforts offered to a parent in a prior proceeding that are close in time to the later removal and reasonably related to the circumstances causing the removal are sufficient to satisfy the reasonable effort requirement for the later removal. Amari A., born in September 2010, was...
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SUMMARY: Evidence of one-time methamphetamine use and past criminal history with no showing of child neglect or definite risk of harm is not sufficient for adjudicating the child within the meaning of N.R.S. 43-247(3)(a). Kaden, DOB 1/10, was removed from the mother’s home on March 30, 2010, after...
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SUMMARY: There was sufficient evidence that the child comes within the meaning of 43-247(3)(a) based on the child’s testimony of inappropriate discipline, failure to care for injuries and her fear of her mother and step-father, but the DHHS recommendation for continued placement in the father’s home...
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SUMMARY: Incarceration, standing alone, cannot be grounds for termination of parental rights Leland, DOB 12/05, entered the child welfare court system in October 2008 after his mother was unable to care for her children due to a mental health issue. Leland’s father, Ronald, was incarcerated in May...
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SUMMARY: Siblings of a child under the custody of the state child welfare system have no standing to appeal denial of the child’s placement in their home. Meridian, a 3-year-old, was adjudicated as a child within the meaning of N.R.S. 43-247(3)(a) in December 2007, and has been in foster care nearly...
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SUMMARY: Termination of parental rights was proper where the mother did not make sufficient effort to work on her case plan and where the needs of the child required stability and permanency. Lokani, DOB 7/03, was removed from the mother, Veronica, on August 26, 2008, due to Veronica’s drug use...
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SUMMARY: A Nebraska juvenile court has subject matter jurisdiction under the juvenile code over “any juvenile” lacking proper parental care by reason or fault of the parent regardless of where the child is residing at the time the petition is filed. Breana, DOB 12/08, was removed from the custody of...
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SUMMARY: If reasonable efforts have been made to reunify the child with a parent, placing the child out-of-state with another parent does not automatically create a situation not conducive to reunification; however; a concurrent goal of adoption should be changed to “change of custody” if placement...