These are the most recent articles:
Filed on May 2, 2006
14 Neb. App. 739, 714 N.W.2d 762
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, and therefore must [...]
Filed on April 11, 2006
14 Neb. App. 663, 712 N.W.2d 289
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 [...]
Filed on March 14, 2006
14 Neb. App. 559, 712 N.W.2d 583
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, [...]
Filed on February 21, 2006
Not designated for permanent publication
Nebraska Court of Appeals, A-05-932
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 [...]
Filed on February 14, 2006
Not designated for permanent publication
Nebraska Court of Appeals, A-05-865
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 [...]
Filed on January 31, 2006
14 Neb. App. 453, 709 N.W.2d 676
SUMMARY: In cases where invalidation of previous court orders is sought due to a violation of the ICWA notice provision to the tribe, “it would be unreasonable to impose a time limitation of the § 1914 procedure upon the party claiming lack of notice.” However, [...]
Filed on January 13, 2006
270 Neb. 828, 708 N.W.2d 802
SUMMARY: Adjudication was proper in a case involving a father who knew about the juvenile court proceedings involving his son for nearly two years, but “failed to put himself in a position to safely assume the parental care, support or protection of” his son. Termination was [...]
Filed on January 13, 2006
270 Neb. 870, 708 N.W.2d 786
SUMMARY: It is not a violation of due process to have a different burden of proof for the termination of the parental rights to an Indian child than the burden of proof required to terminate parental rights to a non-Indian child, because the “parents of non-Indian [...]
