Archive for the ‘Caselaw’ Category
Monday, July 14th, 2008
Filed on July 1, 2008
Not designated for permanent publication
A-08-076
SUMMARY: Once the court establishes a guardianship, the responsibility and authority of DHHS no longer exists other than that related to subsidized guardianships. However, the court has continuing jurisdiction over the case even after appointment of guardianship.
On December 20, 2007, the court appointed Jazzmine’s aunt, Tammy, as [...]
Tags: authority, continue, continuing, DHHS, guardian, guardianship, jurisdiction, responsibilities, responsibility
Posted in Caselaw
Tuesday, June 17th, 2008
Filed on June 17, 2008
Not designated for permanent publication, A-07-1295
SUMMARY: The mother did not challenge DHHS parameters on visitation or timely appeal the court’s order permitting DHHS’ restrictions, and her argument therefore has no merit on appeal. Termination of parental rights was proper as to all children as the mother did not truly begin working [...]
Tags: 15, 22 months, 292(2), 43-292(2), continuously, parental rights, rehabilitation plan, substantially, termination, visitation
Posted in Caselaw
Tuesday, June 10th, 2008
Filed on June 10, 2008
Memorandum opinion, not designated for permanent publication
A-08-050
SUMMARY: A father who voluntary relinquished his parental rights has no standing to request supervised visitation with the children. His request for visitation with a child whose parental rights he still retains was properly denied due to the fact that the serious nature of the [...]
Tags: best interest, best interests, brain injury, entitled, entitlement, parental rights, relinquishment, standing, supervised visitation, termination, traumatic, visitation, voluntary relinquishment
Posted in Caselaw
Tuesday, May 27th, 2008
Filed on May 27, 2008
Memorandum opinion, not designated for permanent publication
A-08-036 through A-08-038
SUMMARY: An 18-day delay between the ex parte order and the detention hearing is “on the outer edge of reasonableness” but is not unreasonable. The evidentiary basis of an ex parte temporary detention order is not appealable because the ex parte order [...]
Tags: delay, detention, evidence, evidentiary, ex parte, final order, hearing, temporary custody
Posted in Caselaw
Friday, May 23rd, 2008
Filed on May 23, 2008
275 Neb. 757, ___ N.W.2d ___
SUMMARY: A jury finding of liability under a §1983 claim based on violation of the father’s substantive due process rights in the relinquishment of his parental rights to Amanda C. has preclusive effect in the subsequent lawsuit brought by Amanda C. alleging violation of her substantive [...]
Tags: 1983, actual harm, caseworker, due process, liability, preclusive effect, qualified immunity, reciprocal right, right, summary judgment, unauthorized practice
Posted in Caselaw
Tuesday, May 6th, 2008
Filed on May 6, 2008
Not designated for permanent publication, A-07-1259
SUMMARY: Termination was in the children’s best interests because the mother did not substantially comply with the rehabilitation plan in the 20 months the children were out of the home, as she made minimal progress in addressing her parenting issues, did not undergo random drug testing, [...]
Tags: 15, 22 months, best interest, best interests, case plan, compliance, compliant, parenting time, rehabilitation plan, tpr, visitation
Posted in Caselaw
Tuesday, April 1st, 2008
Filed on April 1, 2008
Memorandum Opinion, not designated for permanent publication
A07-719
SUMMARY: Admitting evidence involving sexual abuse of the children by the parents in a termination of parental rights trial where sexual abuse was not a basis for termination was not in error because such evidence is relevant to whether termination is in the best interests [...]
Tags: 15, 22 months, best interests, confront, hearsay, res judicata, sexual abuse, termination of parental rights
Posted in Caselaw
Tuesday, February 26th, 2008
Filed on Tuesday February 26th, 2008
Unpublished Memorandum Opinion and Judgment on AppealA-07-878
SUMMARY: Affirming the juvenile court’s termination of parental rights, the Court held that the multiple rib fractures and two subdural hematomas of differing ages in the infant child which all would have required a significant amount of force to occur supported the factor required [...]
Tags: abuse, neglect, parental rights
Posted in Caselaw
Tuesday, February 5th, 2008
Filed on Feb. 5th 2008
Nebraska Court of Appeals
15 Neb. App. 323
“Termination of parental rights is justified if a parent has committed murder of another child of the parent; committed voluntary manslaughter of another child of the parent; aided or abetted, attempted, conspired or solicited to commit murder, or aided abetted voluntary manslaughter of the juvenile [...]
Tags: failure, Fractures, hematomas, multiple injuries, protect, sole caregiver, tpr
Posted in Caselaw
Tuesday, February 5th, 2008
Filed on Tuesday Feb. 5th 2008
Not designated for permanent publicationA-07-604, A-07-605
SUMMARY: Because the court did not place the children in the father’s sister’s home as recommended by DHHS, proper appeal of the placement order is to the juvenile review panel and because no request for review was made the appellate court therefore lacks jurisdiction. [...]
Tags: neglect, parental rights
Posted in Caselaw