Caselaw Updates
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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...
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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 was...
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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...
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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...
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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 there...
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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 of...
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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...
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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...
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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 of...
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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...
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Summary: Mathew W. appeals the order of the county court of Platte County, sitting as a juvenile court, which denied his motion for custody of his minor children who had been adjudicated under Neb. Rev. Stat. § 43-247(3)(a), as to their mother. Mathew is the father of the two children at issue, born...
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Summary: Heather appeals and Robert cross-appeals an order of the Separate Juvenile Court of Douglas County which granted DHHS custody of their son, Michael. One of the decisions they challenge is that they did not have notice of the detention hearing and the Court granted DHHS custody anyways. The...
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Summary: Elizabeth L., the mother, appeals from an order of the Separate Juvenile Court of Douglas County terminating her parental rights to her children, Lizabella and Jose. Lizabella’s father’s rights were terminated and Jose’s father is relinquishing his rights. In 2015, a petition was filed...
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Summary: Iyana appeals from an order of the Separate Juvenile Court of Douglas County which changed the terms of her probation. The Court finds that the Juvenile Court did not follow statutory procedures and denied Iyana due process and therefore reverses and directs the court to vacate its order...
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Summary: Elainna R. appeals from an order by the separate juvenile court of Lancaster County which adjudicated her under Neb. Rev. Stat. § 43-247(1) for violating a city ordinance by disturbing the peace by engaging in fighting at high school and disturbing the peace of the security officer. The...