SUMMARY: The sole testimony of two caseworkers with limited firsthand knowledge of the mother’s progress did not sufficiently establish that termination was in the children’s best interests, such as evidence that adoption was a possibility or of the needs or interests of the children. On April 22...

SUMMARY: The juvenile court properly found a youth to be within the jurisdiction of the juvenile court and rejected the mother’s argument that any action or inaction on her part, regarding her other children, prior to this child’s birth could not be used by the State to prove that she had neglected...

SUMMARY: “When proceeding solely under § 43-292(7),” which requires that the child has been in out-of-home placement for 15 of the most recent 22 months, “the appellate court must be particularly diligent in its de novo review of whether termination is in the best interests of the child.” The mother...

SUMMARY: The court upheld the order terminating a mother’s parental rights after she failed to make significant progress with court requirements after services offered to the family were unsuccessful, and it was deemed that the risk factors present at the time of removal were still present at the...

SUMMARY: There was no merit in a challenged to the juvenile court’s suspension of a mother’s visitation, nor was there inadequate notice that DHHS was seeking suspension of visitation. The mother failed to make a written motion for continuance and supporting affidavit as required by law, but she...

SUMMARY: A pending motion to transfer in the juvenile court cannot be appealed since there is no final order by which the parents can appeal. Faren H. was born on June 2, 2005. On June 7, 2005, the state filed a petition to adjudicate the child under 43-247(3)(a) and to terminate parental rights of...

SUMMARY: The Nebraska Court of Appeals found that termination of a mother’s parental rights was appropriate for four siblings in a second termination proceeding because although the State presented evidence from the time period before the first termination proceeding, they used such evidence in...

SUMMARY: The Court of Appeals affirmed the trial court’s decision to follow the DHHS recommendation that the child be removed from his foster home and be placed with his maternal aunt. While the foster parents’ presented some evidence indicating that Brandon’s custody should not be changed” the...

SUMMARY: In upholding an order terminating a father’s rights, the court took judicial notice of a Nebraska Supreme Court decision which made the father’s conviction, for second degree murder and child abuse resulting in the death of his daughter Diana, final.Thus, making up for an evidentiary...

SUMMARY: The argument that “voluntary relinquishment…is the opportunity to protect parental rights of afterborn children” is incompatible with the purpose and objectives of protecting children and ensuring the rights of all juveniles to care and protection contained within the Nebraska Juvenile Code...

SUMMARY: The argument that “voluntary relinquishment…is the opportunity to protect parental rights of afterborn children” is incompatible with the purpose and objectives of protecting children and ensuring the rights of all juveniles to care and protection contained within the Nebraska Juvenile Code...

SUMMARY: In examining the testimony of numerous medical experts disputing the explanations offered by the parents of their son’s multiple fractures, and given the rule that actual injury or physical harm is not required for the court to take protective steps, the Court of Appeals upheld a...

SUMAMRY: “In an action for adjudication of Indian children, it is necessary to plead facts under the ICWA.” In this case, the juvenile court committed error when it adjudicated the children under the original petition which did not contain the facts required by ICWA.Also, there was insufficient...

SUMMARY: “[T]he obligation which a parent owes to his or her children is not something which can be simply ‘phoned in’” and “[s]mall tokens of parental affection for a child are an inadequate substitute for parental presence in a child’s life.” The father appealed an order by the juvenile court...

SUMMARY: Unless the State seeks to terminate a parent’s rights under Neb. Rev. Stat. §43-292(5), the court is not required to appoint a guardian ad litem for the parent pursuant to Neb. Rev. Stat. §43-292.01. In this case, the State proved that termination was both necessary and in the child’s best...