Caselaw Updates

Caselaw Updates

Filed on: Friday, December 21, 2007
SUMMARY: Pursuant to N.R.S. 43-292.02, when deciding whether to terminate parental rights, a court should not consider than an adoptive family has been identified. The children, Vincent R., Destiny A. and Antonio A., were removed from the mother’s custody based on positive drug tests at birth of...Read more
Filed on: Tuesday, December 11, 2007
SUMMARY: When a motion to transfer to juvenile court is filed, subsequent hearings cannot be held absent a finding of good cause. A 3(a) petition was filed alleging that the child was a member of an Indian tribe and that parental rights should be terminated pursuant to N.R.S. 43-292(2) and (4). One...Read more
Filed on: Tuesday, November 27, 2007
SUMMARY: An order restricting the father’s visitation schedule (from several times per week to every month to every other month) significantly impacted his parental right and was thus a final, appealable order. With his incarceration, length of travel to visit and limitation on positive interaction...Read more
Filed on: Friday, October 19, 2007
SUMMARY: The Nebraska Supreme Court overturned a Court of Appeals decision upholding termination of a mother’s rights even though the medical condition that had prompted the initial adjudication had resolved. The Court stated that the fact a child has been in out of home placement for 15 of the...Read more
Filed on: Tuesday, July 31, 2007
SUMMARY: Jurisdiction over a truant juvenile was continued even though she had attended all her classes at the Youth Rehabilitation and Treatment Center. The court ruled that “the simple fact that [she] ha[d] not been truant… [was] not enough to terminate the court’s jurisdiction, because the...Read more
Filed on: Tuesday, July 24, 2007
SUMMARY: The Court of Appeal determined that the State failed to prove its claim that “the children [were] likely to be injured without intervention by the juvenile court” after their parents were involved in an altercation, because the state provided no evidence of prior domestic violence, no...Read more
Filed on: Saturday, July 7, 2007
SUMMARY: The Court of Appeals upheld the termination of a mother’s parental rights where continued alcohol abuse prevented her from providing “necessary parental care and protection” and caused her conduct to be “seriously detrimental to the health, morals, or well-being of” her children. Further,...Read more
Filed on: Tuesday, July 3, 2007
SUMMARY: A DHHS recommendation that a father be allowed to return to the family home did not have the best interests of the children as its “paramount concern” when the father’s behavior had failed to make “significant and measured improvement” and the evidence indicated a continuing psychological...Read more
Filed on: Tuesday, June 5, 2007
SUMMARY: A juvenile court is not required to terminate jurisdiction over a minor child even though the basis for acquiring jurisdiction no longer exists. Majority Opinion On April 25, 2005, Kevin was adjudicated under § 43-247(3)(b) for being habitually truant from school. The court ordered Kevin...Read more
Filed on: Wednesday, April 25, 2007
SUMMARY: While “expert opinion testimony” regarding the credibility of witness statements should be excluded, in this case, the officer’s statement, “read in context,” was not to vouch for the credibility of a witness, but simply explained her departure from the standard interview form, and thus...Read more
Filed on: Tuesday, April 17, 2007
SUMMARY: Termination of an incarcerated parent’s rights was in the best interests of the children because the incarceration prevented the parent from providing a “nurturing and structured environment,” and the parent’s continual perpetuation of crimes cast doubt on his ability to make the permanent...Read more
Filed on: Tuesday, March 13, 2007
SUMMARY: The trial court had the authority to prohibit therapy with a particular therapist based on evidence that the therapist was unable to understand why an adjudicated sex offender should be under the jurisdiction of the juvenile court. The trial court also properly declined to adopt DHHS’s...Read more
Filed on: Tuesday, February 27, 2007
SUMMARY: Retaining jurisdiction over the children was in their best interests because “the permanency goal ha[d] not been met and the family’s lack of financial stability is directly related to their inability to care for their home and children.” The recommendations of the LB1184 team, which...Read more
Filed on: Friday, January 19, 2007
SUMMARY: “A court must instruct the jury on a lesser-included offense if: (1) the elements of the lesser offense for which an instruction is requested are such that one cannot commit the greater offense without simultaneously omitting the lesser offense and (2) the evidence produces a rational...Read more
Filed on: Friday, January 5, 2007
SUMMARY: “An adoption cannot be vacated under NICWA where the tribe’s entry into the proceedings is untimely.” The biological mother of Kenten H, relinquished her parental rights to Kenten H to the Department of Health and Human Services. She later petitioned the county court to vacate the adoption...Read more

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