Caselaw Updates
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SUMMARY: The court erred in denying a motion by the parent to withdraw a voluntary relinquishment without a hearing based on her claims of fraud and coercion, which if proven are proper bases for withdrawal. DHHS submitted a court report stating that the mother, Linda, had relinquished her parental...
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SUMMARY: Termination of parental rights on the ground of abandonment and substantial neglect through incarceration was improper because there was no concrete evidence that established the length of incarceration and that the mother abandoned the child. To have records from a prior proceeding...
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SUMMARY: In an ICWA case, active efforts should include direct guidance rather than passive referrals. The active efforts need only be culturally relevant if the conditions that led to out-of-home placement have some cultural basis. Evidence that termination is in the children’s best interests does...
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SUMMARY: The juvenile court did not err in denying transfer of the case to tribal court because the case was in its advanced stages (i.e., termination of parental rights), the father did not file the motion to transfer until 2 years into the case, and the juvenile court would have nevertheless...
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SUMMARY: Grandparents no longer have a legal interest in court proceedings or a right to visitation once parents’ parental rights have been terminated, and could not intervene as foster or prospective adoptive parents as a matter of right. The children, Carlos, Carlynn and Joshowah, were removed...
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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...
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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 environment...
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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 the...
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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...
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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...
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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...
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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...
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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...
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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 the...
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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 after...