SUMMARY: Affirming the juvenile court’s termination of parental rights, the Court held that the multiple rib fractures and two subdural hematomas of differing ages in the infant child which all would have required a significant amount of force to occur supported the factor required for 43-292(2)...

SUMMARY: “Termination of parental rights is justified if a parent has committed murder of another child of the parent; committed voluntary manslaughter of another child of the parent; aided or abetted, attempted, conspired or solicited to commit murder, or aided abetted voluntary manslaughter of the...

SUMMARY: Because the court did not place the children in the father’s sister’s home as recommended by DHHS, proper appeal of the placement order is to the juvenile review panel and because no request for review was made the appellate court therefore lacks jurisdiction. Extensive criminal history...

SUMMARY: In termination of parental rights cases involving NICWA, the “serious emotional and physical damage” element is the only element that has the higher burden of “beyond a reasonable doubt” as required by statute; all other elements, including active efforts and the best interests standard...

SUMMARY: Pursuant to N.R.S. 43-292.02, when deciding whether to terminate parental rights, a court should not consider than an adoptive family has been identified. The children, Vincent R., Destiny A. and Antonio A., were removed from the mother’s custody based on positive drug tests at birth of one...

SUMMARY: If a child no longer comes within the meaning of the statute under which he was adjudicated, a juvenile court may terminate jurisdiction without consideration of the best interests of the child. Kevin K. was adjudicated on April 22, 2005 under N.R.S. 43-247(3)(b) upon a finding that he had...

SUMMARY: If a child no longer comes within the meaning of the statute under which he was adjudicated, a juvenile court may terminate jurisdiction without consideration of the best interests of the child. Kevin K. was adjudicated on April 22, 2005 under N.R.S. 43-247(3)(b) upon a finding that he had...

SUMMARY: When a motion to transfer to juvenile court is filed, subsequent hearings cannot be held absent a finding of good cause. A 3(a) petition was filed alleging that the child was a member of an Indian tribe and that parental rights should be terminated pursuant to N.R.S. 43-292(2) and (4). One...

SUMMARY: An order restricting the father’s visitation schedule (from several times per week to every month to every other month) significantly impacted his parental right and was thus a final, appealable order. With his incarceration, length of travel to visit and limitation on positive interaction...

SUMMARY: The Nebraska Supreme Court overturned a Court of Appeals decision upholding termination of a mother’s rights even though the medical condition that had prompted the initial adjudication had resolved. The Court stated that the fact a child has been in out of home placement for 15 of the most...

SUMMARY: Jurisdiction over a truant juvenile was continued even though she had attended all her classes at the Youth Rehabilitation and Treatment Center. The court ruled that “the simple fact that [she] ha[d] not been truant… [was] not enough to terminate the court’s jurisdiction, because the...

SUMMARY: The Court of Appeal determined that the State failed to prove its claim that “the children [were] likely to be injured without intervention by the juvenile court” after their parents were involved in an altercation, because the state provided no evidence of prior domestic violence, no...

SUMMARY: The Court of Appeals upheld the termination of a mother’s parental rights where continued alcohol abuse prevented her from providing “necessary parental care and protection” and caused her conduct to be “seriously detrimental to the health, morals, or well-being of” her children. Further...

SUMMARY: A DHHS recommendation that a father be allowed to return to the family home did not have the best interests of the children as its “paramount concern” when the father’s behavior had failed to make “significant and measured improvement” and the evidence indicated a continuing psychological...

SUMMARY: A juvenile court is not required to terminate jurisdiction over a minor child even though the basis for acquiring jurisdiction no longer exists. Majority Opinion On April 25, 2005, Kevin was adjudicated under § 43-247(3)(b) for being habitually truant from school. The court ordered Kevin to...