Caselaw Updates

bench hammer

Caselaw Updates

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SUMMARY: Termination of parental rights was improper as to the children not connected to the inappropriate sexual contact because the parents established significant progress in their ability to care and protect the children. However, with the children involved in the sexual assault, the parents did...
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SUMMARY: There is no exception to making “active efforts” as there is for reasonable efforts under the aggravated circumstances exception of N.R.S. 43-283.01 On September 30, 2008, Jamyia M., was removed from the home at 2 months of age after being hospitalized for a serious, non-accidental...
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SUMMARY: Immediate termination after removal was proper based on prior terminations and evidence establishing that the mother continued to struggle with drug addiction and mental health issues. Maddison, DOB 1/08, was removed from the mother on October 30, 2009. The mother, Tasha, had her parental...
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SUMMARY: Refusal to invalidate an adjudication order that was not ICWA compliant was proper because ICWA provisions apply prospectively from the formal identification of the child as Indian, because there was no basis for collateral attack and because Neb. Rev. Stat. 43-1507 does not apply where...
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SUMMARY: Termination was improper where the mother had substantially complied with virtually every requirement specified by the court, had improved significantly as a parent and, while there were still some concerns about the cleanliness of the home, there were no concerns about the children’s...
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SUMMARY: Evidence establishing the mother’s repeated substance use, subsequent drug treatment programs and ongoing failure to provide stability for the children showed that termination was in the children’s best interests regardless of the loving relationship she had with them. The judge’s...
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SUMMARY: A modification of text was made in the opinion of In re Interest of Emma, 18 Neb. App. 389, 782 N.W.2d 330 (2010), namely that a September 30, 2009, where active efforts findings were improperly made was a continuation of a previous order and therefore not final and appealable. On a motion...
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SUMMARY: Adjudication was proper where there was a prior case involving physical abuse by a brother against Seherzada and current credible evidence establishing that both brothers had physical harmed Seherzada and that the mother was allowing them to do so. On August 31, 2009, the State filed a...
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SUMMARY: Holding the adjudication hearing 8 months after the petition was filed where the child is 17 years of age and the abuser already sentenced for sexual assault is hardly ideal but not grounds for reversal. Evidence establishing that the interpreter at the therapy sessions was fluent in...
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SUMMARY: The mother’s unwillingness to address her serious mental health issues and demonstrated inability to care for the child establish that termination of parental rights was proper. Even though 43-292.01 was used as the statutory basis for termination instead of 43-292, it is clear from...
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SUMMARY: An adjudication and permanency plan must be established before the juvenile court can accept a voluntary relinquishment from the parent. Cornelius, DOB 5/93, was adopted by Laura in 2003. Laura moved and left Cornelius with a relative in August 2008, and on August 19, 2009, a petition was...
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SUMMARY: Where a child has been adjudicated pursuant to N.R.S. 43-247(3)(a) and a permanency objective of adoption has been established, a juvenile court has authority under the juvenile code to order DHHS to accept a tendered relinquishment of parental rights. Gabriela H., DOB 9/97, was left at an...
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SUMMARY: Termination of parental rights was proper based on the mother’s lack of progress over 2 years including failure to attend visitation and therapy, learn about the children’s medical needs, and access prenatal care. Marquesha C, DOB 9/92, Fate B., DOB 12/96, Tylesha M., DOB 5/99, Fernandez M...
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SUMMARY: Failure to notify the appropriate foreign consulate as required by the Vienna Convention and N.R.S. 43-3804 is not a violation of the parent’s due process rights. Antonio, DOB 10/04, and Gisela, DOB 7/06, are the children of Jose, a Mexican national. Antonio and his (and Gisela’s) half...
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SUMMARY: Because it must be determined that termination is in the best interests of the child which requires a consideration of the child’s current situation, 43-292(2) is not unconstitutional just because the factual basis for it may be focused primarily on prior neglect of siblings. In this case...