Caselaw Updates

Caselaw Updates

Filed on: Friday, June 22, 2018
Summary: In adjudication proceedings under Neb. Rev. Stat. § 43-247(2), the only law violation alleged in the petition against Jordan B. was first degree sexual assault under § 28-319, committed on or between January 25 and November 8, 2016. The state presented evidence that Jordan, 17 years old at...Read more
Filed on: Tuesday, May 22, 2018
Summary: Victoria, the mother for Kirsten, appeals orders out of the County Court of Box Butte. The Court here finds that the County Court acting as a juvenile court did not have subject matter jurisdiction and so vacates the orders, dismisses the appeal, and remands with direction. Victoria and...Read more
Filed on: Friday, May 4, 2018
Summary: Angela appeals out of the County Court of Buffalo County her son Kane’s adjudication and other rulings of the Court. The State appeals the Court’s failure to adjudicate Carter. The Supreme Court affirms Kane’s adjudication and reverses the order declining to adjudicate Carter and remands...Read more
Filed on: Friday, May 4, 2018
Summary: Tina E., the biological aunt of Joseph, appeals an order out of the Lincoln County Court which found that Joseph’s nonrelative foster placement and permanency through adoption by them is in his best interests. This case is dismissed for lack of standing pursuant to Neb. Rev. Stat. § 43-2,...Read more
Filed on: Thursday, April 26, 2018
Summary: The Douglas County juvenile court adjudicated Josue G. under Neb. Rev. Stat. § 43-247(1) with a dispositional order entered on September 27, 2016 placing Josue on probation for four months, plus twenty hours of community service. On January 24, 2017, the State moved to revoke Josue’s...Read more
Filed on: Friday, April 13, 2018
Summary: E.D. brought suit against the Bellevue Public School District (BPS) and Bradley Nord, under the Political Subdivisions Tort Claims Act (PSTCA). This was an appeal and cross-appeal from an order overruling claims of sovereign immunity in separate motions to dismiss. In November 2016, E.D...Read more
Filed on: Tuesday, March 27, 2018
Summary: Benjamin appeals the order of the Separate Juvenile Court of Douglas County terminating his rights to his three children. The Court here affirms. Benjamin is the father of Jade, Aly, and Kazlynn. In October 2016, all three were in his vehicle when he was involved in a collision. Kazlynn...Read more
Filed on: Friday, March 23, 2018
Summary: Steven appeals an order of the Separate Juvenile Court of Lancaster County transferring his case to county court. The standard of review is a matter of first impression. The Court here finds no abuse of discretion in the transfer and so affirms. Steven was being transported to YRTC Kearney...Read more
Filed on: Friday, March 16, 2018
Summary: Nicholas appeals a disposition order from the Separate Juvenile Court of Douglas County which placed him in a residential group home. The question here is whether the order complied with Neb. Rev. Stat. § 43-251.01(7) requiring that available community based resources be exhausted and...Read more
Filed on: Friday, March 16, 2018
Summary: Keyanna appeals her disposition order from the Separate Juvenile Court of Lancaster County placing her in a group home. This appeal looks at whether the out of home placement complied with Neb. Rev. Stat. § 43-251.01(7), which requires an exhaustion of all available community based...Read more
Filed on: Wednesday, March 7, 2018
Summary: Heather G. appeals the adjudication order of the Separate Juvenile Court of Douglas County as to her two children. She assigns error to the Court finding sufficient evidence that the children were at risk for harm and that it was in their best interests to remain in the temporary custody...Read more
Filed on: Tuesday, March 6, 2018
Summary: DHHS appeals an order of the County Court of Cheyenne County overruling their motion to require Kenneth, Ezra’s stepfather, to undergo a psychosexual evaluation. The appeal is dismissed due to lack of jurisdiction. A petition was filed in 2016 as to Ezra, that he was a child within the...Read more
Filed on: Friday, March 2, 2018
Summary: Zachary B. appeals an order of the Separate Juvenile Court ordering that he be placed in Boys Town. The Court finds that this is not a final order and so dismisses the appeal. In March 2016, Zachary was adjudicated to be a juvenile within the meaning of Neb. Rev. Stat. § 43-247(3)(b) for...Read more
Filed on: Friday, March 2, 2018
Summary: Dana H. appeals two orders from the Separate Juvenile Court of Lancaster County – one providing for out of home placement and the other continuing it. The issues in this appeal are: Was this a final order? and Did the state exhaust available community resources and is the juvenile a risk...Read more
Filed on: Tuesday, February 27, 2018
Summary: Kenneth B., Sr. (Kenneth B.), is the biological father of Derrek B. and Kenneth B., Jr. (Kenneth Jr.), and appeals the order of the Douglas County Separate Juvenile Court changing the permanency objective for the children from reunification to guardianship for the two children named above...Read more

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