Caselaw Updates

Caselaw Updates

Filed on
Friday, February 28, 2014
Summary: This case concerns the same issue presented in In re Interest of Marcella G.. The minor child, Quincy J., was committed to the Office of Juvenile Services (OJS) for community-based treatment prior to July 1, 2013. Nebraska Department of Health and Human Services (DHHS) filed a motion for a...Read more
Filed on
Wednesday, February 26, 2014
SUMMARY: Termination of a father’s parental rights was proper where the evidence taken together demonstrated that the father was not interested in reunifying with his children. The juvenile court did not rely solely on the father’s financial situation or cultural differences. On September 28, 2009...Read more
Filed on
Wednesday, February 26, 2014
SUMMARY: Evidence supported termination of a mother’s parental rights where there were concerns about the mother’s ability to remain sober and to parent her children safely, even though the mother made some progress on her goals. On September 24, 2009, Tracey was arrested for driving under the...Read more
Filed on
Tuesday, February 25, 2014
SUMMARY: Termination of a father’s parental rights was proper where there was evidence that the father had been offered numerous services but failed to take advantage of them and the father had numerous contacts with law enforcement officers and incarcerations. The State of Nebraska removed Alyssa...Read more
Filed on
Tuesday, February 18, 2014
SUMMARY: Termination of parental rights was proper where the mother completed only one of four substance abuse treatments and was arrested for meth possession soon after the successful discharge, failed to comply with drug testing throughout the case. Lisette, DOB 9/10, was removed from the home of...Read more
Filed on
Tuesday, February 18, 2014
SUMMARY: Termination of parental rights was proper where the mother failed to complete dual-diagnosis treatment, failed to comply with drug testing, did not take prescribed medication, could not manage the children together during visits and failed to consistently participate in NA. Nathaniel, DOB...Read more
Filed on
Friday, February 14, 2014
SUMMARY: Termination of a father’s parental rights was in the child’s best interest when the child had spent the majority of his life in foster care. In addition, the father made little effort to keep in contact with the child and was not in a position to take physical custody. On August 30, 2012,...Read more
Filed on
Wednesday, February 12, 2014
SUMMARY: Evidence supported the termination of a mother’s parental rights where the mother had a long history of drug addiction and failed to take advantage of offered services, despite the fact that the mother initially responded well to treatment. The State of Nebraska filed an amended petition...Read more
Filed on
Tuesday, January 28, 2014
SUMMARY: Termination of parental rights was proper where the parent failed to comply with services until immediately before trial, exhibited erratic behavior, and wouldn’t be in a position to parent for several years due to mental health issues. Tabitha, DOB 2/11, is the child of Sarah. DHHS has...Read more
Filed on
Monday, January 27, 2014
SUMMARY: The juvenile court did not err in adjudicating the child where there was evidence that the mother used inappropriate physical discipline; however, there was no evidence that the mother did not prevent her daughter from inappropriate sexual contact. The mother was provided due process...Read more
Filed on
Wednesday, January 22, 2014
SUMMARY: Termination of a father’s parental rights under the Nebraska Child Welfare Act was proper when active efforts had been undertaken, future efforts would be futile, and placement with the father would likely result in emotional and physical harm. In addition, the father was incarcerated,...Read more
Filed on
Tuesday, January 21, 2014
SUMMARY: Evidence stemming from a voluntary agreement between the parent and DHHS cannot be used against the parent in support of terminating parental rights. Kerri is the mother of Joseph, DOB 1/00, William, DOB 11/05, and Steven, DOB 12/06. Kerri was involved with DHHS and the juvenile court from...Read more
Filed on
Tuesday, January 21, 2014
SUMMARY: Termination of parental rights was proper where the mother lost custody of four prior children and did not correct the conditions that led to the earlier issues or utilize the services offered to her. Jewel, DOB 12/12, is the child of Ronnie Jo. Ronnie Jo lost custody of four other...Read more
Filed on
Friday, January 17, 2014
SUMMARY: Termination of parents’ parental rights was in the children’s best interests where the children had been in foster care for approximately 70% of their lives and the father was mostly absent and made no effort to participate in services. On February 11, 2011, the State of Nebraska filed a...Read more
Filed on
Tuesday, January 14, 2014
SUMMARY: Juvenile court abused its discretion in denying a motion to transfer to tribal court in a termination of parental rights proceeding where the Nebraska Indian Child Welfare Act applied because the termination proceeding is separate from the foster care placement proceedings for the “late...Read more

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