Caselaw Updates

Caselaw Updates

Filed on
Friday, April 3, 1992
SUMMARY: The physical presence of a parent at the hearing to terminate parental rights is unnecessary so long as the parent has been provided procedural due process. Parental incarceration may be considered in reference to abandonment as a basis for termination of parental rights under 43-292(1). L...Read more
Filed on
Friday, March 27, 1992
SUMMARY: Where a petition only alleges parental wrongdoing with the child’s siblings, and not any wrongdoing or neglect of the child, the juvenile court does not have jurisdiction to adjudicate that child. T.B. was arrested for sexually assaulting her three daughters; a fourth child, D.M.B., was...Read more
Filed on
Friday, January 24, 1992
Summary: The State made reasonable efforts to reunify the family by providing hands on parenting, home management, and cleaning support. Evidence that the father was unwilling to support or parent his children and that he was not bonded with the children supports the termination of his parental...Read more
Filed on
Friday, June 14, 1991
SUMMARY: Fourteen days between removal and the protective custody hearing is on the brink of unreasonableness but does not violate due process. The protective custody hearing order is a final, appealable order but the ex parte order is not. On August 10, 1990, R.G., an infant, was removed from the...Read more
Filed on
Friday, October 19, 1990
Summary: Evidence supported termination of parental rights when the mother suffers from mental illness which renders her incapable of discharging parental responsibility. The Platte County Juvenile Court found D.S. unable to discharge her parental responsibilities due to her mental illness and...Read more
Filed on
Friday, July 6, 1990
Summary: Termination of parental rights was proper when the evidence shows the parents had failed to create a place to which the children could return and the children had become so bonded with the foster parents it would be damaging to separate them. Additionally, the Department is only required...Read more
Filed on
Friday, May 25, 1990
Summary: Termination of the parental rights was proper for both parents where the father continually failed to comply with the rehabilitation plan by not seeking substance abuse or domestic violence counseling and the mother was unwilling to end the abusive relationship with the father. On May 12,...Read more
Filed on
Friday, May 18, 1990
Summary: Termination of parental rights was proper when a mental illness renders the mother unable to care for her children and will continue for a prolonged and indeterminate period. Additionally, the delay in the hearing that was not prejudicial to the mother is not grounds to reverse the lower...Read more
Filed on
Friday, May 4, 1990
Summary: Adjudication of termination of parental rights is not barred by the expiration of the 6 month time limit between when the petition is filed and adjudication by §43-278, a directory statute, unless the parents are prejudiced by the delay. Termination of parental rights was appropriate when...Read more
Filed on
Friday, May 4, 1990
SUMMARY: The statutory time limit to hold an adjudication hearing is directory, not mandatory. The mother’s failure to protect her child from abuse by the father by allowing her to live with him when she knew he was abusive was sufficient cause for termination of parental rights. C.P, DOB 9/22/83,...Read more
Filed on
Friday, April 6, 1990
Summary: Termination of parental rights was proper where the mother failed to protect her children from her abusive partner, failed to obtain prompt medical treatment for injuries and illnesses, and failed to remove her children from a hostile environment. G.P. resided in a home with her male...Read more
Filed on
Wednesday, November 23, 1988
Summary: Termination of parental rights was appropriate where, although the lower court did err in allowing hearsay evidence, the Nebraska Supreme Court found that the evidence establishes that the mother did comply with the rehabilitation plan to the best of her abilities but remained...Read more
Filed on
Friday, October 28, 1988
Summary: Evidence that M.M., the father, suffers from a personality disorder characterized by impulsivity and violent outbursts, that he is not amenable to treatment, and that the disorder resulted in abuse of an older child is enough to conclude he suffers from a mental illness or deficit and that...Read more
Filed on
Friday, July 8, 1988
Summary: Termination of parental rights was appropriate where both parents were unable to discharge parental responsibilities due to mental illness and the condition was reasonably thought to continue for a prolonged, indeterminate period and the only valid defense for abandonment was the mental...Read more
Filed on
Thursday, December 24, 1987
Summary : Termination of parental rights was not support by the evidence that the mother had effectively completed the rehabilitation plan requirements related to the conditions of the adjudication, had not been given reasonable opportunity to complete other requirements, and many of the incomplete...Read more

Pages