Caselaw Updates

Caselaw Updates

Filed on
Friday, November 22, 2013
SUMMARY: A Nebraska juvenile court does not have jurisdiction of a newborn child who was born in Nebraska but immediately went to live with relatives in Iowa prior to a petition being filed. Violet was born in Douglas County in November 2012 to Abigael, who tested positive for methamphetamine,...Read more
Filed on
Tuesday, November 19, 2013
SUMMARY: Termination of parental rights was proper where the father was incarcerated and would remain so for the length of the child’s minority. In November 2011, Aereelle was removed from the mother’s home. A supplemental petition was filed on October 9, 2012, as to her father, PaceLeon, that...Read more
Filed on
Friday, November 8, 2013
SUMMARY: Termination of the mother’s parental rights was proper when there was evidence that the mother continued to jeopardize her daughter’s safety and was unable to recognize the danger that the men in her life, including her daughter’s father, imposed on the daughter. The State of Nebraska...Read more
Filed on
Friday, November 8, 2013
SUMMARY: Denial of motion to transfer to tribal court was proper when the mother waited over a year to move to transfer and an 11-year-old child objected to the transfer. The State of Nebraska filed a petition on June 21, 2011 alleging Susan and John placed Susan’s four children, Justin (DOB 11/24/...Read more
Filed on
Tuesday, November 5, 2013
SUMMARY: Termination was proper where the mother failed to maintain her psychiatric care and medications, was unwilling to acknowledge her boyfriend’s culpability in her son’s injuries, and made insufficient progress in the five years she was involved with DHHS. The mother, Nichole, has been...Read more
Filed on
Tuesday, November 5, 2013
SUMMARY: Termination was proper where the mother failed to maintain her psychiatric care and medications, was unwilling to acknowledge her boyfriend’s culpability in her son’s injuries, and made insufficient progress in the five years she was involved with DHHS. The mother, Nichole, has been...Read more
Filed on
Tuesday, November 5, 2013
SUMMARY: The parents’ behaviors, which included failure to take feeding instructions seriously, to have adequate formula and to comply with the feeding schedule, created a definite risk of harm that the baby would not be properly fed as medically required, warranting adjudication. It is not...Read more
Filed on
Tuesday, November 5, 2013
Summary: In determining a dispositional order it constitutes plain error for the court to consider juvenile court proceedings from another county over which is has no jurisdiction. Further, Neb. Ct. R. App. P. § 2-109(D)(1) requires that the appellant include a separate section for assignments of...Read more
Filed on
Friday, November 1, 2013
SUMMARY: It was not plain error for the court to change the permanency goals from reunification and in finding that reasonable efforts were no longer required because the parents showed continued disregard in complying with the case plans and the children had been out of home 28 months. Jasmine L...Read more
Filed on
Tuesday, October 29, 2013
SUMMARY: Because the petition only alleged behavior by the mother’s boyfriend while the children were in his care, proper notice was not given to the mother that her behavior would be at issue in the case. Kathryn is the mother of Angel, DOB 1/08, Tyerca, DOB 11/08 and Zekyel, DOB 10/11, who were...Read more
Filed on
Tuesday, October 22, 2013
SUMMARY: Termination of the father’s parental rights was improper where although the father had his rights to two older sibling involuntarily terminated, he had taken every step he could since the youngest child’s birth to establish a parental relationship. Damien S. was born in May 2011 to Jessica...Read more
Filed on
Tuesday, October 22, 2013
SUMMARY: A person who held out to be the child’s biological father for 15 years and had the child placed with him as a potential long-term placement has a sufficient interest for intervention. Filing the petition to intervene after the adjudication hearing began was not untimely. Placement of the...Read more
Filed on
Tuesday, October 15, 2013
SUMMARY: Termination of the father’s parental rights was proper where he was incarcerated for much of the child’s life, failed to visit or have contact with the child and failed to intervene in the case. Dayton, DOB 6/07, went under the legal guardianship of his maternal grandmother, Ivy, when he...Read more
Filed on
Tuesday, October 8, 2013
SUMMARY: Termination of the mother’s parental rights was proper where she has had three prior involuntary terminations and has made no efforts in the short time of the current case to avail herself of services. Emily, DOB 4/11, is the fourth child of Amanda V. Amanda V. had her rights involuntarily...Read more
Filed on
Friday, October 4, 2013
SUMMARY: A state ward minor was not sufficiently mature to have an abortion because she showed neither that she understand the consequences of having an abortion nor that she had sufficient experience and judgment. The statutory language under N.R.S. 71-6903 permitting a court to allow an abortion...Read more

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