Caselaw Updates
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SUMMARY: When there are allegations against a custodial parent, the burden is on the state to allege and prove that the children should not be placed with other natural parent after the first 48 hours of emergency detention pending adjudication. A petition filed July 23, 2001 alleged that William...
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SUMMARY: A separate hearing is not required when a parent challenges the provision of reasonable efforts under Neb. Rev. Stat. section 43-283.01. Although incarceration cannot alone be a basis for termination, the court may consider the facts that led to the incarceration and the parent’s inability...
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SUMMARY: The juvenile court had jurisdiction to terminate parental right even though the parent’s admissions to the allegations of the petitions should not have been accepted because of a defective rights advisement because this defect did not taint later proceedings. On June 8, 2000, Nathan called...
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SUMMARY: Evidence of severe injuries was sufficient to adjudicate the children when the parents could not offer an explanation as to the injuries but were the child’s primary caregivers. On November 24, 1999, the State filed petitions as to Sarah (DOB: 7/7/1998) and Jason (DOB: 7/29/1999) alleging...
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SUMMARY: The juvenile court did not abuse its discretion in denying parents’ motions to continue proceedings or to allow the mother to participate telephonically. Evidence was sufficient to support termination of parental rights where the mother refused and neglected to give necessary parental care...
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SUMMARY: Juvenile court gave collateral estoppel effect to the findings in siblings proceeding that parents had failed to provide proper parental care. Parents of Jaden H. had parental rights to two other children (Destiny and Suede) terminated under §43-247(3)(a) in a previous proceeding. The State...
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SUMMARY: When children are adjudicated and under the jurisdiction of a juvenile court, the parental preference doctrine is not controlling and the best interests of the children is the proper test. County court for Dodge County granted consent for Cole C. and Patricia C., the guardians of Eric O...
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SUMMARY: Change of placement was affirmed after all parties working with family agreed it was in child’s best interest to return to legal guardian after sexual contact by siblings. The state filed a petition in juvenile court that alleged Tanisha’s two older brothers had sexual contact with her...
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SUMMARY: Termination of parental rights was proper where there was evidence that the parents were unwilling or unable to learn necessary parenting skills and had not developed a bond with the children. Lisa (DOB 1/22/1996) was removed from her parents’ care on March 22 due to an unsafe and...
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SUMMARY: A denial of a motion to dismiss the motion for termination of parental rights and of a motion for visitation is not a final order the can be directly appealed, because the denial does not affect substantial rights. Clifford (DOB 2/17/1990), Collette (DOB 2/1/1992) and Chelsea (DOB 12/28...
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SUMMARY: Termination of a mother’s parental rights was in the children’s best interest where there was evidence of the mother’s debauchery and habitual drug use, even though the court erred in allowing evidence of mental deficiency when there was no allegation of a mother’s mental deficiency. On...
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SUMMARY: The fact that the father was incarcerated due to beating his wife was sufficient to support termination of the father’s parental rights because he neglected and refused to provide his daughter necessary care and protection. On December 4, 1996, a petition was filed alleging Kalie (DOB 12/2...
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SUMMARY: It is not unconstitutional for the guardian ad litem to perform both the investigatory duties of a guardian ad litem and bring and try a motion to terminate parental rights as authorized in Neb. Rev. Stat. section 43-272.01(2). As a ground for termination under 43-292(6), the rehabilitation...
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SUMMARY: A prior adjudication is not required for the termination of parental rights brought under Neb Rev. Stat. section 43-292(1) through (5). Joshua, then age 9, was voluntarily placed in foster care in April 1995 while the mother, Mitzi, was incarcerated. Joshua was adjudicated under Neb. Rev...
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SUMMARY: A prior adjudication is not required for the termination of parental rights brought under Neb Rev. Stat. section 43-292(1) through (5). Joshua, then age 9, was voluntarily placed in foster care in April 1995 while the mother, Mitzi, was incarcerated. Joshua was adjudicated under Neb. Rev...