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Caselaw

Working to Improve the Lives of Nebraska's Children

Caselaw

These are the most recent caselaw articles:

In re Interest of Seherzada M.

Tuesday, August 3rd, 2010

Filed on August 3, 2010
Nebraska Court of Appeals
Not designated for permanent publication, A-09-1269
SUMMARY: Adjudication was proper where there was a prior case involving physical abuse by a brother against Seherzada and current credible evidence establishing that both brothers had physical harmed Seherzada and that the mother was allowing them to do so.  
On August 31, [...]

In re Interest of Fatima S.

Tuesday, July 27th, 2010

Filed on July 27, 2010
Nebraska Court of Appeals
Not designated for permanent publication
SUMMARY: The mother’s unwillingness to address her serious mental health issues and demonstrated inability to care for the child establish that termination of parental rights was proper. Even though 43-292.01 was used as the statutory basis for termination instead of 43-292, it is [...]

In re Interest of Wendi L.

Tuesday, July 27th, 2010

Filed on July 27, 2010
Nebraska Court of Appeals
Not designated for permanent publication
SUMMARY: Holding the adjudication hearing 8 months after the petition was filed where the child is 17 years of age and the abuser already sentenced for sexual assault is hardly ideal but not grounds for reversal. Evidence establishing that the interpreter at the therapy [...]

In re Interest of Gabriela H.

Friday, July 23rd, 2010

Filed on July 23, 2010
280 Neb. 284, ____ N.W.2d ____
SUMMARY: Where a child has been adjudicated pursuant to N.R.S. 43-247(3)(a) and a permanency objective of adoption has been established, a juvenile court has authority under the juvenile code to order DHHS to accept a tendered relinquishment of parental rights.  
Gabriela H., DOB 9/97, was left [...]

In re Interest of Cornelius K.

Friday, July 23rd, 2010

Filed on July 23, 2010
280 Neb. 291, ____ N.W.2d ____
SUMMARY: An adjudication and permanency plan must be established before the juvenile court can accept a voluntary relinquishment from the parent.  
Cornelius, DOB 5/93, was adopted by Laura in 2003. Laura moved and left Cornelius with a relative in August 2008, and on August 19, [...]

In re Interest of Marquesha C. et al.

Tuesday, July 13th, 2010

Filed on July 13, 2010
Not designated for permanent publication, A-09-1229
SUMMARY: Termination of parental rights was proper based on the mother’s lack of progress over 2 years including failure to attend visitation and therapy, learn about the children’s medical needs, and access prenatal care.  
Marquesha C, DOB 9/92, Fate B., DOB 12/96, Tylesha M., DOB 5/99, [...]

In re Interest of Antonio O. and Gisela O.

Tuesday, June 1st, 2010

Filed on June 1, 2010
____ N.W.2d ____, 18 Neb. App. 449
SUMMARY: Failure to notify the appropriate foreign consulate as required by the Vienna Convention and N.R.S. 43-3804 is not a violation of the parent’s due process rights. 
Antonio, DOB 10/04, and Gisela, DOB 7/06, are the children of Jose, a Mexican national. Antonio and his [...]

In re Interest of Sir Messiah T., et al.

Friday, May 21st, 2010

Filed on May 21, 2010
279 Neb. 900, ____ N.W.2d ____
SUMMARY: Because it must be determined that termination is in the best interests of the child which requires a consideration of the child’s current situation, 43-292(2) is not unconstitutional just because the factual basis for it may be focused primarily on prior neglect of siblings. [...]

In re Interest of Shayla H. et al.

Tuesday, May 18th, 2010

Filed on May 18, 2010
Not designated for permanent publication, A-09-1142
SUMMARY: Because the father did not show how he was prejudiced by judicial notice of evidence in the earlier adjudication hearing, there was no finding that the court erred. A district court order denying an ex parte protection order was properly excluded because it only [...]

In re Interest of Bianca H. & Eternity H.

Tuesday, May 18th, 2010

Filed on May 18, 2010
Not designated for permanent publication, A-09-1056
SUMMARY: Where the mother continued to have contact with the father who had committed acts of extreme domestic violence against her in the past and failed to comply with the case plan, termination of parental rights was proper. 
Bianca, DOB 2/03, and Eternity, DOB 12/04, were removed [...]