Caselaw Updates
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SUMMARY: A juvenile court cannot allow an attorney to withdraw without a showing that the attorney made diligent efforts to notify the parent of his intent to withdraw. Due process was violated because the court excused the mother’s attorney from representing her at the TPR trial without notifying...
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SUMMARY: Adjudication was proper where the evidence established that the child’s stepparent pushed her, slapped her multiple times, called her stupid, threw her against a wall and pushed a heavy vase off a table toward her. Chelsea, age 16, got into a heated argument with her mother, Theresa, and...
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SUMMARY: An order setting conditions for supervised visitation was not a final, appealable order because it would have only affected the proceedings for one month until the hearing on the TPR motion. Dennisca is the mother of six children who were removed from her care in March 2011 due to domestic...
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SUMMARY: Excluding the party from the proceedings was proper where his notarized acknowledgement of paternity was rebutted by evidence and found to be fraudulent and there was no request to participate on other grounds. Kodi, DOB 8/12, was born to Shawntel. Shortly after birth, Shawntel and Michael...
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SUMMARY: Changing the mother’s reunification plan from continuing high school when she was under 19 to actively pursuing a GED as a condition of reunification after she turned 19 was a material change and therefore appealable. Nyamal is the mother of Mya, age 4, and Sunday, age 2, and in July 2010...
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SUMMARY: Since the rights advisement at adjudication didn’t include termination of parental rights as a possible consequence, 43-292(6) cannot be a ground for termination. The evidence didn’t support the remaining TPR ground because there was no showing how the father’s prior drug use made him unfit...
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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...
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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...
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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 filed...
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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...
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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...
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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...
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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...
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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...
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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...