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Caselaw

Caselaw

These are the most recent caselaw articles:

In re Interest of Jay S. & Paige B.

Tuesday, November 8th, 2011

Filed on November 8, 2011
Not designated for permanent publication, A-11-282
SUMMARY: Termination of parental rights was proper where the father did little to address his issues as a batterer, the mother consistently denied any domestic violence against her and would allow the father would have ongoing contact, and the child’s behaviors that were consistent with exposure [...]

In re Interest of Shyan W.

Tuesday, November 1st, 2011

Filed on November 1, 2011
Not designated for permanent publication, A-11-398
SUMMARY: Termination of parental rights was proper where the father failed to stop engaging in domestic violence, had an unstable living environment and failed to complete many court-ordered services including a batterer’s group. 
Shyan, DOB 9/08, was removed from the parents’ home on March 9, 2009, due [...]

In re Interest of Ethan M.

Tuesday, October 11th, 2011

Filed on October 11, 2011
19 Neb. App. 259, ____ N.W.2d ____
SUMMARY: The newly enacted statute removing the presumption that the case plan is in the child’s best interests is applicable to an already-pending case because it only affects a procedural right. DHHS must offer reasonable efforts to a parent whose goal is reunification to [...]

In re Interest of Thomas M.

Friday, September 16th, 2011

Filed on September 16, 2011
282 Neb. 316, 803 N.W.2d 46
SUMMARY: A juvenile court has the authority to hold DHHS in contempt for failure to comply with an order but must provide DHHS with reasonable notice and an opportunity to be heard. 
Thomas was adjudicated in April 2010 under N.R.S. 43-247 (1), (2), and (3)(b), for committing [...]

In re Interest of Cheyenne C.

Tuesday, September 6th, 2011

Filed on September 6, 2011
Not designated for permanent publication, A-11-215
SUMMARY: Termination of parental rights was proper where after two years of services was unable to provide even the most minimal requirements for parenting and could not provide permanency or stability. 
Cheyenne, DOB 12/05, was formally removed from the mother, Melody, on December 29, 2008, after the [...]

In re Interest of Mia V.

Tuesday, September 6th, 2011

Filed on September 6, 2011
Not designated for permanent publication, A-11-172
SUMMARY: Admission of the caseworker’s court reports and the father’s letters satisfied requirements of procedural due process.  
Mia, DOB 4/07, was born testing positive for methamphetamine and removed from the mother’s home. The mother and father were married but the father was frequently incarcerated. [...]

In re Interest of Jamar F.

Tuesday, September 6th, 2011

Filed on September 6, 2011
Not designated for permanent publication, A-11-169
SUMMARY: Termination of parental rights was proper where the mother failed to attend appointments and visits, had little progress in therapy, had unstable employment and did not provide adequate food for the child. The judge’s denial to recuse herself was proper where there was only [...]

In re Interest of Maurice B. II

Tuesday, August 23rd, 2011

Filed on August 23, 2011
Not designated for permanent publication, A-10-1115
SUMMARY: Termination of parental rights was proper where the father had a frequent pattern of incarceration, did not properly care for older children and had a serious drug problem that hadn’t been adequately addressed. 
Two older siblings of Maurice Jr., DOB 7/09, were removed from the family [...]

In re Interest of Tyler W.

Tuesday, August 9th, 2011

Filed on August 9, 2011
Not designated for permanent publication, A-11-115, A-11-116
SUMMARY: Termination of parental rights was proper where the children had been in foster care for a substantial period of time, where the father had been incarcerated off and on during that time and had only sporadically visited the children. 
Tyler W., DOB 5/07, and Landon [...]

In re Interest of Karlie D.

Tuesday, August 2nd, 2011

Filed on August 2, 2011
19 Neb. App. 135, _____ N.W.2d _____
SUMMARY: An order finding a grandparent to be a good moral citizen but making no appointment of guardianship is not a final order. 
Martha, the paternal grandmother of Karlie D. intervened in her abuse/neglect proceedings in November 2009. Karlie’s father died during the proceedings. [...]