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. [...]
Friday, 18 January 2008
274 Neb. 859, __ N.W.2d ___
S-07-393
SUMMARY: In termination of parental rights cases involving NICWA, the “serious emotional and physical damage” element is the only element that has the higher burden of “beyond a reasonable doubt” as required by statute; all other elements, including active efforts and the best interests standard, need only [...]
Filed December 21 2007
274 Neb. 713, __ N.W.2d __S-06-1380
SUMMARY: Pursuant to N.R.S. 43-292.02, when deciding whether to terminate parental rights, a court should not consider than an adoptive family has been identified.
The children, Vincent R., Destiny A. and Antonio A., were removed from the mother’s custody based on positive drug tests at birth of one [...]
Friday, 21 December 2007
274 Neb. 678, __ N.W.2d __
S-06-447
SUMMARY: If a child no longer comes within the meaning of the statute under which he was adjudicated, a juvenile court may terminate jurisdiction without consideration of the best interests of the child.
Kevin K. was adjudicated on April 22, 2005 under N.R.S. 43-247(3)(b) upon a finding that [...]
Filed Tuesday, 11 December 2007
16 Neb. App. 246, __ N.W.2d __A-07-592
SUMMARY: When a motion to transfer to juvenile court is filed, subsequent hearings cannot be held absent a finding of good cause.
A 3(a) petition was filed alleging that the child was a member of an Indian tribe and that parental rights should be terminated [...]
November 27th 2007
16 Neb. App. 210, __ N.W. 2d __
A-07-270
SUMMARY: An order restricting the father’s visitation schedule (from several times per week to every month to every other month) significantly impacted his parental right and was thus a final, appealable order. With his incarceration, length of travel to visit and limitation on positive interaction [...]
Filed on Oct 19 2007
Nebraska Supreme Court
No. S-06-841
SUMMARY: The Nebraska Supreme Court overturned a Court of Appeals decision upholding termination of a mother’s rights even though the medical condition that had prompted the initial adjudication had resolved. The Court stated that the fact a child has been in out of home placement for [...]
Filed July 31st 2007
Nebraska Court of Appeals
15 Neb. App. 847
SUMMARY: Jurisdiction over a truant juvenile was continued even though she had attended all her classes at the Youth Rehabilitation and Treatment Center. The court ruled that “the simple fact that [she] ha[d] not been truant… [was] not enough to terminate the court’s jurisdiction, because [...]
Filed on July 24th 2007
Nebraska Court of Appeals
No. A-06-1354
SUMMARY: The Court of Appeal determined that the State failed to prove its claim that “the children [were] likely to be injured without intervention by the juvenile court” after their parents were involved in an altercation, because the state provided no evidence of prior domestic violence, no [...]
Filed on July 7 2007
Nebraska Court of AppealsNo. A-06-1371
SUMMARY: The Court of Appeals upheld the termination of a mother’s parental rights where continued alcohol abuse prevented her from providing “necessary parental care and protection” and caused her conduct to be “seriously detrimental to the health, morals, or well-being of” her children. Further, termination was [...]
