Caselaw Updates
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SUMMARY: Termination of parental rights was proper where there was evidence that the parents were unwilling or unable to learn necessary parenting skills and had not developed a bond with the children. Lisa (DOB 1/22/1996) was removed from her parents’ care on March 22 due to an unsafe and...
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SUMMARY: A denial of a motion to dismiss the motion for termination of parental rights and of a motion for visitation is not a final order the can be directly appealed, because the denial does not affect substantial rights. Clifford (DOB 2/17/1990), Collette (DOB 2/1/1992) and Chelsea (DOB 12/28...
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SUMMARY: Termination of a mother’s parental rights was in the children’s best interest where there was evidence of the mother’s debauchery and habitual drug use, even though the court erred in allowing evidence of mental deficiency when there was no allegation of a mother’s mental deficiency. On...
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SUMMARY: The fact that the father was incarcerated due to beating his wife was sufficient to support termination of the father’s parental rights because he neglected and refused to provide his daughter necessary care and protection. On December 4, 1996, a petition was filed alleging Kalie (DOB 12/2...
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SUMMARY: It is not unconstitutional for the guardian ad litem to perform both the investigatory duties of a guardian ad litem and bring and try a motion to terminate parental rights as authorized in Neb. Rev. Stat. section 43-272.01(2). As a ground for termination under 43-292(6), the rehabilitation...
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SUMMARY: A prior adjudication is not required for the termination of parental rights brought under Neb Rev. Stat. section 43-292(1) through (5). Joshua, then age 9, was voluntarily placed in foster care in April 1995 while the mother, Mitzi, was incarcerated. Joshua was adjudicated under Neb. Rev...
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SUMMARY: A prior adjudication is not required for the termination of parental rights brought under Neb Rev. Stat. section 43-292(1) through (5). Joshua, then age 9, was voluntarily placed in foster care in April 1995 while the mother, Mitzi, was incarcerated. Joshua was adjudicated under Neb. Rev...
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SUMMARY: Order of contempt requiring DHHS to pay $1,000 fine for filing case plan and court report one day late was invalid. A petition was filed 1/21/98 as to Simon H.; Simon was adjudicated on 5/13/98. At the adjudication hearing, the court asked the caseworker for the Department of Health and...
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SUMMARY: An order declining to establish a rehabilitation plan is a final, appealable order. Declining to adopt a rehabilitation plan was not in error where the parents refuse to acknowledge the severity of the child’s injuries and the child requires constant care in an institutionalized setting. On...
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SUMMARY: Preadjudication and postadjudication detention hearings are dispositional in nature and strict rules of evidence are not applied to dispositional hearings, thus allowing caseworker hearsay testimony to be admitted. Gloria, 12 years of age, entered foster care in March 1993. Parental rights...
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SUMMARY: Termination of parental rights reversed after de novo review of record. Hearsay evidence was ruled inadmissible after analysis of due process. Larry G, father of Constance G, appealed the juvenile court’s decision to terminate parental rights. The court of appeals reversed and the rights of...
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SUMMARY: Grandparents have a sufficient legal interest in dependency proceedings involving their biological or adopted grandchildren to entitle them to intervene prior to a final disposition because the relationship between grandparent and grandchild would be terminated if a dependency proceeding is...
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SUMMARY: If a parent files a timely appeal to a final order, the juvenile court does not have jurisdiction to consider the termination of the parent’s parental rights while the appeal is pending. However, an order that merely extends prior orders is not a final, appealable order. Evidence that a...
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SUMMARY: Where there are two parents with separate homes, the children can be removed from the home of the unfit parent at the adjudication hearing without prejudicing the other parent’s rights. Terry G., father of Amber G. and siblings, appealed order approving the case plan of the Department of...
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SUMMARY: A juvenile court does not have jurisdiction to terminate parental rights during an appeal. Termination proceedings are not collateral and independent from initial proceedings in a 3a case. A second detention order entered after adjudication has been held is a final, appealable order. Gloria...