Filed on February 23, 2010
Not designated for permanent publication, A-09-655
SUMMARY: Even though the children did not visually witness the domestic violence between the mother and her partner, there was sufficient evidence showing that they were adversely affected by exposure to it warranting adjudication under 43-247(3)(a).
Mariah R., DOB 10/91, Ashley L., DOB 4/94, Justin L., DOB [...]

Filed on February 16, 2010
18 Neb. App. 276, _____ N.W.2d _____
SUMMARY: It is a violation of due process to adjudicate on findings relating to mental health status of the mother when mental health was not an allegation in the petition nor was referred to in the allegation of “fault.”
Christian L., 16 months of age, was [...]

Filed on February 9, 2010
18 Neb. App. 259, ____ N.W.2d _____
SUMMARY: Termination of parental rights was improper because one of the bases was N.R.S. 43-292(5) relating to the parent’s mental condition, which requires the appointment of a guardian ad litem to the parent.
Presten O., DOB 12/05, and Porsha O., DOB 5/07, are the children [...]

Filed on January 5, 2010
Not designated for permanent publication
A-09-767
SUMMARY: A father striking his 13-year-old child multiple times with an extension cord, although this being the only time he had hit the child, was sufficient to find the child within the meaning of 43-247(3)(a).
Manuel, DOB 8/95, is the child of Jesus. On April 14, 2009, [...]

Filed on January 5, 2010
Not designated for permanent publication
A-09-656
SUMMARY: The father’s ongoing alcohol use that prevents him from properly parenting and the mother’s protection of the father and failure to protect the children from him establish that it was proper to terminate the parents’ parental rights.
Alexandria J., DOB 12/92, and Damion H., DOB 9/96 were [...]

Filed on December 31, 2009
279 Neb. 81, _____ N.W.2d _____
SUMMARY: A difference in physical appearance between the parent and child or a suspicion based on infidelity are not just causes for abandonment of a child born in wedlock.
Chance, DOB 4/17/06, was removed from the mother’s care in June 2007. On February 6, 2002, the [...]

Filed on November 24, 2009
18 Neb. App. 153, _____ N.W.2d _____
SUMMARY: A denial to allow in-chambers testimony from the child is not a final, appealable order.
Marcella B. and Juan S. were removed from the mother on January 26, 2009, on allegations of inappropriate physical contact and failure to provide appropriate care, support and/or supervision. [...]

Filed on November 13, 2009
278 Neb. 869, ____ N.W.2d ____
SUMMARY: A parent’s past history of mental illness and ability to recover is relevant to the issues of whether the parent can be rehabilitated and whether termination is in the children’s best interests. As Neb. Rev. Stat. section 43-292(6) was not a ground alleged, the [...]

Filed on November 10, 2009
Not designated for permanent publication
A-09-505
SUMMARY: Termination was proper because the parents substantially and repeatedly neglected the children by failing to consistently visit for a substantial period of time and from refusing to comply with the case plan goals.
The children, Yiech Y, DOB 10/94, Gach Y., DOB 6/96, Nyakueth Y., DOB 8/97, [...]

Filed on November 3, 2009
Not designated for permanent publication
A-09-127 through A-09-129, A-09-227, A-09-228
SUMMARY: The absence of the guardian ad litem during the termination trial was not plain error. Because the father was not provided with a case plan until late in the case and there was little evidence establishing his failure to comply, termination [...]