Caselaw Updates

Caselaw Updates

Filed on
Tuesday, February 24, 2015
Summary: Placing the child in the custody of DHHS and for placement excluding the mother and father’s home was appropriate where the mother’s parental rights in three other children had previously been involuntarily, the father did not plan to separate from the mother and suffered from cognitive...Read more
Filed on
Tuesday, February 17, 2015
Summary: Care and custody with DHHS is appropriate for the children during the pre-adjudicative phase where the custodial parent is alleged to be unfit and there is no evidence the non-custodial parent is unfit, even when the children are placed with the non-custodial parent. On February 13, 2014,...Read more
Filed on
Friday, November 14, 2014
SUMMARY: The active efforts standard in ICWA and NICWA applies at any point in an involuntary juvenile proceeding involving an Indian child at which a party is required to demonstrate its efforts to reunify or prevent the breakup of the family. In May 2013, David H.’s three minor children were...Read more
Filed on
Monday, November 10, 2014
SUMMARY: Evidence that a father had not seen his daughter in over a year before the daughter’s removal from her home and concerns about the father’s fitness as a parent was sufficient to overcome the parental preference doctrine. The evidence also established that reasonable efforts, including...Read more
Filed on
Friday, November 7, 2014
Summary: The Nebraska Supreme Court ruled that the Nebraska Department of Health and Human Services’ (NDHHS) appeal of the Madison County order committing a 13-year old male to the Youth Rehabilitation and Treatment Center (YRTC) was moot since the youth was discharged from the YRTC during the...Read more
Filed on
Tuesday, October 28, 2014
SUMMARY: Exhibited was not improperly excluded from evidence when the information contained in the exhibited was included in its entirety in another offered and received exhibit. In addition, evidence that the father had control over the child during the period when the child fractured his ribs...Read more
Filed on
Friday, October 24, 2014
Summary: The Nebraska Supreme Court reversed 22 Neb. App. 70 and upheld Colfax County Court’s original decision terminating the father’s rights based on abandonment. The Court of Appeals had reversed the original decision regarding abandonment citing uncertainty regarding paternity and also a lack...Read more
Filed on
Tuesday, October 21, 2014
Summary: In an opinion written by Judge Irwin, the Court of Appeals affirmed the Scottsbluff County Juvenile Court decision, which terminated the parental rights of Nathaniel V. over his son Eyllan J. The Nebraska Indian Child Welfare Act (NICWA) applied to the case and at issue was whether: the...Read more
Filed on
Tuesday, October 21, 2014
Summary: In an opinion written by Judge Irwin, the Court of Appeals affirmed the Scottsbluff County Juvenile Court decision, which terminated the parental rights of Nathaniel V. over his son Eyllan J. The Nebraska Indian Child Welfare Act (NICWA) applied to the case and at issue was whether: the...Read more
Filed on
Monday, October 13, 2014
SUMMARY: Termination of a mother’s parental rights was proper where the mother only had two visits with her children over the course of a five year case and never improved her parenting skills despite involvement in numerous services. The State of Nebraska removed LaCory (DOB 8/10/1999), Lela (DOB...Read more
Filed on
Friday, October 10, 2014
SUMMARY: Evidence that the mother had six children previously removed from her care and had not addressed the issue that put her children at risk was sufficient to support terminating her parental rights to her seventh child. After Nemiah (DOB 12/2013) tested positive for methamphetamines and...Read more
Filed on
Wednesday, October 8, 2014
SUMMARY: Termination of parental rights was in the child’s best interests where the parents had failed to maintain a relationship with the child or ever inquire into the child’s well-being. Tristan (DOB 6/21/2012) tested positive for Methadone and exhibited withdrawal symptoms shortly following his...Read more
Filed on
Friday, October 3, 2014
SUMMARY : A father was not denied due process when the judge denied father’s motion to transport from prison to the termination hearing, but did allow counsel to be present and the father to participate via video conferencing. In addition, termination of parental rights was in the child’s best...Read more
Filed on
Monday, September 29, 2014
SUMMARY: Termination of a mother’s parental rights was proper where the mother only had two visits with her children over the course of a five year case and never improved her parenting skills despite involvement in numerous services. The State of Nebraska removed LaCory (DOB 8/10/1999), Lela (DOB...Read more
Filed on
Wednesday, September 24, 2014
SUMMARY: Termination of parental rights was supported by evidence that the six children had been in an out-of-home placement for over three years and the parents showed no permanent improvement in their parenting skills despite being offered numerous services. In February 2010, Natasha (DOB 5/2000...Read more

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