Archive for 2006
These are the most recent articles:
Monday, July 3rd, 2006
Filed on July 3, 2006
14 Neb. App. 867
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, 2004, a [...]
Tags: adoptability, adoption, best interests, case plan, compliance, compliant, Eden, Eden K., incarcerate, incarceration, jail, parental rights, parenting time, permanence, permanency, sufficient, termination, testimony, treatment, visitation, witness, witnesses
Posted in Caselaw
Monday, July 3rd, 2006
Filed on July 3, 2006
14 Neb. App. 867, 717 N.W.2d 507
SUMMARY: The court reversed the juvenile court’s termination order finding that termination was not in the children’s best interests. The court found that “the State almost completely failed to provide the juvenile courts with testimony from many of the people whose opinions and observations [...]
Tags: adoption, Allison, best interests, clear and convincing, Eden, evidence, failed, failure, permanency, provide, testimony, therapists, tpr
Posted in Caselaw
Tuesday, June 27th, 2006
Filed on June 27, 2006
Not designated for permanent publication
Nebraska Court of Appeals, A-06-077
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 [...]
Tags: 15, 22 months, diligent, Malik, review, tpr
Posted in Caselaw
Tuesday, June 27th, 2006
Filed on June 27, 2006
Not designated for permanent publication
Nebraska Court of Appeals, A-05-1365
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 [...]
Tags: anxiety, continuance, detrimental, discontinue, discontinuing, motion, notice, prejudice, prejudiced, restore, restoring, Sarah, suspend, suspension, visitation
Posted in Caselaw
Tuesday, June 27th, 2006
Filed on June 27, 2006
Not designated for permanent publication
Nebraska Court of Appeals, A-05-1510
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 [...]
Tags: actions, activity, failed to correct, failure to correct, history, jurisdiction, juvenile court, Nevaeh, past, past behavior, permanent record, previous, previously adjudicated, prior, proof, prove
Posted in Caselaw
Tuesday, June 27th, 2006
Filed on June 27, 2006
Not designated for permanent publication
Nebraska Court of Appeals, A-05-1566
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 [...]
Tags: addiction, drug, progress, Raymond, risk factors, significant, tpr, treatment, visitation, vouchers
Posted in Caselaw
Tuesday, June 13th, 2006
Filed on June 13, 2006
Not designated for permanent publication
Nebraska Court of Appeals, A-05-1409
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 [...]
Tags: appealable, final, final order, ICWA, indian, intervene, intervention transfer, jurisdiction, lack, Lawrence, notice, Omaha Tribe, order, tribal court, tribe
Posted in Caselaw
Tuesday, May 30th, 2006
Filed on May 30, 2006
Not designated for permanent publication
Nebraska Court of Appeals, A-05-1381 through No. A-05-1384
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 [...]
Tags: ability, change, changed, circumstances, conflict, evidence, improper weight, Mario, parent, period, post-termination visitation, second termination, significant progress, stability, time, tpr, Vanessa
Posted in Caselaw
Tuesday, May 30th, 2006
Filed on May 30, 2006
Not designated for permanent publication
Nebraska Court of Appeals, A-05-1407
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 [...]
Tags: Brandon, change, custody, fitness, foster care, foster home, foster parents, foster placement, home study, object, placement, plan, qualification, qualifications, removal, remove, role, standing
Posted in Caselaw
Tuesday, May 16th, 2006
Filed on May 16, 2006
14 Neb. App. 763, 714 N.W.2d 780
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 [...]
Tags: another child, appeal, conviction, final order, Jaime, judicial notice, murder, tpr
Posted in Caselaw