Caselaw
These are the most recent caselaw articles:
Tuesday, January 17th, 2012
Filed on January 17, 2012
Not designated for permanent publication, A-11-593
SUMMARY: Termination of parental rights was in the child’s best interests because the father made little effort to be involved in the case, to communicate with the caseworker or his attorney or to have a relationship with the child.
Jasminiah S., DOB 4/05, was removed from the [...]
Tags: contact, dad, father, intervene, intervention, involve, involvement, Jasminiah, Jeremiah, parental, rights, terminate, termination, visit, visitation
Posted in Caselaw
Tuesday, January 10th, 2012
Filed on January 10, 2012
Not designated for permanent publication, A-11-262
SUMMARY: Termination of parental rights was proper where the mother failed to make sufficient progress over 2 years in addressing her dependence and parenting issues, and the father failed to put himself in a position to parent due to his incarceration, lack of housing and failure [...]
Tags: ability, case, contact, evaluation, health, inability, incarcerate, incarcerations, Jal, Lazarus, mental, parent, parental, progress, Rachel, rights, Sudan, Sudanese, terminate, termination, time, visits, wait
Posted in Caselaw
Tuesday, January 10th, 2012
Filed on January 10, 2012
Not designated for permanent publication, A-11-606
SUMMARY: The appellant lost in loco parentis status after being incarcerated for almost two years, not providing financial assistance and having no contact other than through letters.
Haley, DOB 5/03, was removed from the home of her then-believed aunt and uncle after her brother died from serious [...]
Tags: attachment, best, biological, bond, consistent, criminal, dad, father, in loco, incarceration, interest, jail, parentis, prison, record, stability
Posted in Caselaw
Friday, January 6th, 2012
Filed on January 6, 2012
282 Neb. 1015, ____ N.W.2d ____
SUMMARY: A juvenile court should exercise its authority to order DHHS to accept a relinquishment of the child when it is in the best interests of that child to do so and not the interests of a future born child.
Elizabeth, DOB May 2009, was born prematurely [...]
Tags: accept, best, Elizabeth, Gabriela, interest, interests, jurisdiction, moot, mootness, order, parental, reasonable efforts, refuse, relinquish, relinquishment, rights, sibling, terminate, termination, valid, Victoria, voluntary
Posted in Caselaw
Tuesday, January 3rd, 2012
Filed on January 3, 2012
Not designated for permanent publication, A-10-1233, A-10-1234
SUMMARY: The mother’s bond with the children does not overcome the substantial evidence supporting termination of parental rights in an child injury case.
Kavasea S., DOB 4/02, Dominique S., DOB 1/03, Josezier H., DOB 5/05, Onyashy A., DOB 10/07 were removed from the mother’s home on [...]
Tags: abuse, acquittal, acquitted, assault, bond, child, children, criminal, DeNasjha, inconsistent, injuries, injury, jury, medical, mother, parental, rights, terminate, termination, therapist
Posted in Caselaw
Tuesday, December 20th, 2011
Filed on December 20, 2011
19 Neb. App. 399, ____ N.W.2d ____
SUMMARY: An award of GAL attorney’s fees for work performed after the State filed a motion to dismiss prior to adjudication was improper as the GAL lacked the authority to reinitiate the case through a new petition.
David, DOB 6/97, Miguel, DOB 9/01, Edwin, 1/05, and [...]
Tags: action, ad litem, appellant, appellee, arrest, arrested, bill, consulate, county attorney, David, deport, deportation, dismiss, dismissal, fees, file, GAL, guardian, Herendira, illegal, incarcerate, incarcerated, intervenor, jail, Mexican, Mexico, original, petition, supplemental
Posted in Caselaw
Tuesday, December 20th, 2011
Filed on December 20, 2011
19 Neb. App. 426, ____ N.W.2d ____
SUMMARY: An impromptu ruling granting custody of the children to the mother based in part because father would be incarcerated until at least 2013 did not satisfy statutory requirements for notice and opportunity to be heard.
Marcos Jr., DOB 12/06, was removed from the home of [...]
Tags: Andres, custody, determination, determine, evidence, heard, hearing, Jennifer, jurisdiction, legal, legislative, Marcos, notice, opportunity, statute, statutory, terminate, termination
Posted in Caselaw
Tuesday, November 29th, 2011
Filed on November 29, 2011
Not designated for permanent publication, A-11-356
SUMMARY: A preponderance of the evidence established that keeping the newborn with the mother in a prison nursery is contrary to the child’s welfare based on the mother’s past criminal and child welfare history.
Kenyetta, DOB 3/11, was removed from the mother, Crystalynn, immediately after birth after [...]
Tags: abuse, child, contrary, conviction, correctional, corrections, criminal, Crystalynn, drug, efforts, facility, history, incarcerated, incarceration, Kenyetta, methamphetamines, mother, newborn, nursery, prison, reasonable, safety, system, use, welfare, York
Posted in Caselaw
Tuesday, November 15th, 2011
Filed on November 15, 2011
Not designated for permanent publication, A-11-159
SUMMARY: Termination of parental rights was proper where the father had little contact with the child, would be incarcerated past her age of majority, and has a history of drug use and law violations, and where the child had substantial health needs that the father cannot [...]
Tags: abuse, away, bipolar, criminal, diabetes, disorder, drug, gang, history, incarcerate, incarcerated, incarceration, LaKeiara, marijuana, parental, parole, prison, rights, run, runaway, self-harm, terminate, termination, Tijuana, Tiuana, use, violate, violation
Posted in Caselaw
Tuesday, November 8th, 2011
Filed on November 8, 2011
Not designated for permanent publication, A-11-167
SUMMARY: Termination of parental rights was the proper where the father failed to make significant progress over 3 years in becoming able to parent the child and where the mother, while making progress right before trial, had a 10-year history with the child welfare system, took [...]
Tags: absent, duty, enlist, Katherine, leave, Michael, military, Nebraska, parent, parental, progress, rights, skills, state, terminate, termination
Posted in Caselaw